Sri Agustini, Miasiratni Miasiratni

EFEKTIVITAS PERAN BPSK DALAM PENYELESAIAN SENGKETA KONSUMEN DITINJAU DARI DAYA IKAT PUTUSAN

Introduction

Efektivitas peran bpsk dalam penyelesaian sengketa konsumen ditinjau dari daya ikat putusan. Analisis efektivitas peran BPSK dalam sengketa konsumen, meninjau daya ikat putusan. Efektivitas praktis terbatas, butuh penguatan kerangka hukum.

Abstract

The Consumer Dispute Settlement Agency (BPSK) was established as an alternative dispute resolution body between consumers and business actors that emphasizes efficiency, simplicity, and low cost. Law Number 8 of 1999 on Consumer Protection stipulates that BPSK decisions are final and binding. However, in practice, the binding force and enforcement of BPSK decisions still encounter significant obstacles, particularly due to the possibility of filing objections before the District Court and the absence of independent executorial power. This study aims to analyze the effectiveness of BPSK’s role in resolving consumer disputes by focusing on the binding force and implementation of its decisions. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that although BPSK decisions are normatively declared final and binding, their practical effectiveness remains limited and has not fully ensured legal certainty for consumers. Therefore, strengthening the regulatory framework and enforcement mechanisms is necessary to enhance the effectiveness of BPSK in providing legal protection for consumers.Keywords: BPSK, Consumer Protection, Decisions

Review

This paper critically examines the effectiveness of the Consumer Dispute Settlement Agency (BPSK) in resolving consumer disputes, with a particular focus on the binding force and implementation of its decisions. The study addresses a highly pertinent issue within consumer protection law, highlighting the crucial role BPSK is intended to play as an efficient, simple, and low-cost alternative dispute resolution mechanism. By identifying the significant practical obstacles that undermine the normative "final and binding" status of BPSK decisions—such as the possibility of objections to the District Court and the absence of independent executorial power—the research pinpoints a fundamental challenge to ensuring legal certainty for consumers. This sets a clear and timely objective for the analysis, making it relevant for policymakers, legal practitioners, and consumer advocates alike. Employing a normative legal method, complemented by statutory and conceptual approaches, the research effectively delves into the legal framework governing BPSK and its operational realities. The findings robustly confirm that while BPSK decisions are indeed declared final and binding in principle, their practical effectiveness remains severely constrained. This limitation, as the study elucidates, ultimately compromises the goal of providing robust legal certainty for consumers. The methodology is well-suited to uncovering the disjunction between legislative intent and practical application, providing a solid foundation for the study's conclusions regarding the current shortcomings in the enforcement of consumer protection measures. The study concludes by emphasizing the imperative need for strengthening both the regulatory framework and the enforcement mechanisms surrounding BPSK decisions. This recommendation is a direct and logical consequence of the identified gap between normative declaration and practical impact. By highlighting areas where legal and procedural reforms are necessary, the paper offers valuable insights for enhancing the efficacy of consumer dispute resolution in Indonesia. This research not only contributes significantly to the academic discourse on consumer law but also provides a practical roadmap for improving the institutional effectiveness of BPSK, thereby fostering greater legal protection and certainty for consumers.

Full Text

Comments

You need to be logged in to post a comment.