Universitas Bhayangkara Jakarta Raya

Institutional Repositories

Handayani, Otih and Riwanto, Agus and Rahayu, Panti (2021) Jurnal Nasional Terakreditasi SINTA 2 dengan Judul "The Annexation of The General Judiciary Against Consumer Dispute Resolution Agency". YURIDIKA, 36 (1). pp. 157-176. ISSN 2528-3103

Text YURIDIKA (UNAIR) 2021.pdf Download (302kB)

Abstract

This article aims to analyze the authority of the Consumer Dispute Resolution Agency (BPSK) as Quasi-Judicial in handling consumer disputes as mandated in Article 49 paragraph (1) of Law No. 8 of 1999. This research is a normative legal study that is prescriptive and technical/applied. The research approach uses the Act approach. This legal research material uses primary legal materials and secondary legal materials. The technique of collecting legal materials through library research is then analyzed using qualitative methods. Supervision of the default clause stipulated in the credit agreement is the authority of BPSK; since 2013, the Supreme Court has consistently dismissed consumer disputes for credit agreements positioned as ordinary agreements, stating the parties to the dispute should take their case to the general Judiciary, as well as correcting BPSK's authority. This not only does not imply the principle of lex specialis derogate lex religious but also does not implement efficiency theory that ultimately harms consumers.

Item Type:	Article
Uncontrolled Keywords:	Consumer Dispute Resolution Agency; Authority; Consumer Disputes, Jurnal Nasional Terakreditasi SINTA 2, Ilmu Hukum
Subjects:	Ilmu Sosial > Hukum
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Otih Handyani
Date Deposited:	11 Feb 2022 01:10
Last Modified:	11 Feb 2022 01:10
URI:	http://repository.ubharajaya.ac.id/id/eprint/11774

Actions (login required)

View Item

Downloads