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ASPEK KEADILAN PENYELESAIAN SENGKETA PERBANKAN DI BPSK KOTA LUBUK LINGGAU
This research aims to analyze how law and justice are applied in resolving disputes between customers and banking institutions through BPSK. The background of this study is based on the fact that the legal relationship between banks as business actors and customers as consumers is often unequal. Consumers tend to occupy a weaker position in terms of legal knowledge, bargaining power, and access to justice. Therefore, BPSK is expected to function as an Alternative Dispute Resolution (ADR) institution that provides legal protection and justice without going through formal court proceedings. This research employs an empirical juridical approach by combining field research with normative legal analysis. Primary data were obtained through interviews with BPSK officials in Lubuk Linggau City and several consumers who had been involved in banking disputes, while secondary data were collected from relevant laws and regulations such as Law No. 8 of 1999 on Consumer Protection, and legal literature as well as academic journals. The data were analyzed qualitatively using a descriptive-analytical approach to describe the actual implementation of law in practice. The findings reveal that the implementation of procedural justice and substantive justice in banking dispute resolution at BPSK Lubuk Linggau has not yet been fully effective. Procedurally, BPSK has provided access to settlement that is fast, simple, and low-cost, consistent with consumer protection principles. However, obstacles remain, such as limited human resources, uneven legal understanding, and inconsistency in procedural application. Substantively, BPSK’s authority to enforce its decisions remains weak because many banking institutions file objections to the district court. This condition reduces the binding power of BPSK’s rulings and undermines the legal certainty that consumers should obtain. The research concludes that BPSK Lubuk Linggau plays an essential role as a quasi-judicial institution in realizing justice and legal protection for consumers in the banking sector. However, to enhance its effectiveness, it is necessary to strengthen BPSK’s legal foundation and authority, improve the capacity and professionalism of its members, and establish a firmer mechanism for decision enforcement. In addition, public legal awareness should be improved through education and outreach so that consumers understand their rights and are able to assert them independently.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040158 Bagus Fawwaz Rananda Akhsan
ASPEK KEADILAN PENYELESAIAN SENGKETA PERBANKAN DI BPSK KOTA LUBUK LINGGAU (Text)
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