TY  - THES
N1  - Dr. Saifuddin, S.H.I., M.S.I
ID  - digilib70784
UR  - https://digilib.uin-suka.ac.id/id/eprint/70784/
A1  - Abdian Saifullah, NIM.: 21103080015
Y1  - 2025/02/12/
N2  - Mediation is one of the alternative dispute resolution methods expected to
provide an effective solution in resolving consumer disputes, particularly at the
Consumer Dispute Settlement Body (BPSK) in Yogyakarta City. Based on Law
Number 8 of 1999 concerning Consumer Protection and the Regulation of the
Minister of Trade of the Republic of Indonesia Number 17/M-DAG/PER/4/2007
concerning the Consumer Dispute Settlement Body, BPSK has the authority to
resolve disputes, one of which is through mediation. Mediation is anticipated to
reduce cases and prevent prolonged dispute resolutions in court. In the last two
years, the implementation of mediation at BPSK Yogyakarta City has shown a
significant increase. In 2022, mediation successfully resolved 4 cases, accounting
for 11.8% of the total 34 consumer dispute cases. Meanwhile, in 2023, the number
of cases resolved through mediation rose to 15 cases, equivalent to approximately
44.1%. Observing the factors influencing the effectiveness of mediation at BPSK
Yogyakarta City in 2022-2023 becomes crucial. This research aims to analyze the
mechanism of dispute resolution through mediation, evaluate how far the mediation
process at BPSK Yogyakarta aligns with the principles of al-?ul? in Islamic law,
and assess the effectiveness of mediation based on Lawrence M. Friedman's theory
of legal effectiveness.
This research adopts a field research approach, utilizing qualitative
analysis with a prescriptive-analytical nature and a juridical-empirical approach.
Data collection techniques include observation, interviews, and documentation.
The analysis employs a deductive reasoning method to draw conclusions from
general issues to specific problems. This study is guided by the framework of
Lawrence M. Friedman?s legal effectiveness theory and the principles of al-?ul? in
Islamic law to produce comprehensive conclusions.
The research findings indicate that the mediation mechanism at BPSK
Yogyakarta City adheres to the essential elements of mediation and aligns with the
principles of peace (al-?ul?), reflecting deliberation and justice. From the
perspective of effectiveness, mediation at BPSK Yogyakarta City in 2022-2023 is
considered reasonably effective, evidenced by the significant resolution of disputes.
From a substantive legal perspective, the mediation process complies with
applicable regulations, although improvements are still needed, particularly
regarding procedural law guidelines used as references in mediation
implementation. This effectiveness is further supported by adequate legal structures
and a legal culture among the community that demonstrates positive development
and increasing awareness of the importance of mediation in resolving disputes.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Mediasi
KW  -  Sengketa Konsumen
KW  -  Penyelesaian Sengketa
M1  - skripsi
TI  - EFEKTIVITAS MEDIASI DALAM PENYELESAIAN SENGKETA KONSUMEN PADA BADAN PENYELESAIN SENGKETA KONSUMEN (BPSK) KOTA YOGYAKARTA TAHUN 2022-2023
AV  - restricted
EP  - 143
ER  -