“PEMBATALAN PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENGADILI PERKARA DI LUAR KEWENANGANNYA” (STUDI KASUS PERKARA NOMOR 22/Pdt.G-Sus BPSK/2020/PN.PDG)

Abstract

In particular the settlement of disputes occurring between business actors and consumers is set out under article 49 of Law No. 8 of 1999 on Consumer Protection (hereinafter referred to as consumer protection LAW) through the Consumer Dispute resolution agency (BPSK). Issue problem: 1) What are the reasons for business actors to object to the decision of the consumer Dispute resolution agency? 2) What is the reason for the judge to grant an appeal for business actors in the Padang District Court? The research method is sociological juridical. Data sources consist of primary data and secondary data, data collection techniques are interviews and document studies. Data analysis is qualitative. Results of research: 1) that the ruling of BPSK Padang City is contrary to the regulation of laws and regulations in Indonesia and injure justice because of one party and does not reflect the wisdom of a dispute resolution institution because the Council of BPSK has acted beyond its authority limit, such as-Wenang, forcing will, ignoring guidelines in consumer dispute resolution. 2) Pursuant to article 6 paragraph (2) Perma No: 1 year 2006 on the procedure of filing an objection to the decision of the consumer Dispute resolution agency which reads "The examination of objection is done only on the basis of the ruling BPSK and a file of the case" which gives understanding that the authority of the Court of Justice.