PELAKSANAAN PUTUSAN ARBITRASE BADAN PENYELESAIAN SENGKETA KONSUMEN DI KOTA YOGYAKARTA

NAWWAAR NABILAH, NIM. 18103040056 (2022) PELAKSANAAN PUTUSAN ARBITRASE BADAN PENYELESAIAN SENGKETA KONSUMEN DI KOTA YOGYAKARTA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (PELAKSANAAN PUTUSAN ARBITRASE BADAN PENYELESAIAN SENGKETA KONSUMEN DI KOTA YOGYAKARTA) 18103040056_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (5MB) | Preview
	Text (PELAKSANAAN PUTUSAN ARBITRASE BADAN PENYELESAIAN SENGKETA KONSUMEN DI KOTA YOGYAKARTA) 18103040056_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (6MB)

Abstract

Based on Article 54, Paragraph (3) of Law Number 8 of 1999 concerning Consumer Protection, the decision of BPSK Assembly is final and binding. There are three ways to setlle disputes at BPSK, namely the parties can choose by mediation, consiliation, or by arbitration. In mediation and consiliation, the dispute resolution decision is more about confirming the contents of the peace agreement at the end of negotiation. Meanwhile, if by arbitration, the decision my contain administrative sanctions. However BPSK is not given the authority to be able to implement BPSK arbitration decision, so there is no authority to force the disputing parties to be able to implement the arbitration award. But the arbitration award can be requested for fiat execution to the District Court in accordance with the provisions of Article 57 of Law Number 8 of 1999 concerning Consumer Protection. This Research uses qualitative reasearch methods, the approach used by normative-juridical which is descriptive analytical. Compilers can obtain document frome interviews at BPSK and the Yogyakarta District Court. This Reasearch aims to obtain document related to BPSK arbitration award and then analyze whether the decision is in accordance with the laws amd regulations and the theoritical framework used by the authors in conducting the research. The theory used in this essay include the theory of law enforcement, the theory of legal certainity, and the theory of executie power The Result that the authors get from research regarding the implementation of the arbitration decision of the BPSK in Yogyakarta are rules overlapping rules for implementing BPSK arbitration decisions and the absence of authority given by law to BPSK to implement its own decision, this will be a complicated problems if consumer disputes occur with consumer losses which are estimated to be quite large as in the BPSK Decisions Number 11/Abs/BPSK-YK/2009. Execution can onle be carried out by the District Court. Through Fiat Execution, and other legal remidies are allowes, such as objections if the bussines actor is not satisfied with BPSK decision, then it is still possible to have an cassation, up to a review at the Supreme Court. This is the problems, the statement of BPSK Decision which final and binding in Article 54 Paragraph (3) of Law Number 8 of 1999 concerning Consumer Protection, seems to only be a blue print, and can’t provide legal certaintly for the community

Share this knowledge with your friends :

Actions (login required)

View Item