PELAKSANAAN PENGAMBILAN KESEPAKATAN MEDIASI OLEH BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) KOTA PADANG

Abstract

The purpose of the establishment of BPSK is to protect consumers and businesses by creating a consumer protection system that contains elements of legal certainty and information disclosure. The problem in this study is: 1.) How is the Implementation of Consumer Dispute Resolution through Mediation by the Consumer Dispute Resolution Agency? 2.) What are the barriers and solutions to Consumer Dispute Resolution through Mediation by the Consumer Dispute Resolution Agency? In this study the author used sociological juridical methods. The findings obtained from this study convey the Implementation of Consumer Dispute Resolution through Mediation, BPSK is regulated in Article 49 - 58 of Law No.8 of 1999 on Consumer Protection (UUPK) which is affirmed in the Regulation of Trade Ministry of the Republic of Indonesia (Permendag) No. 06 / M / DAG / PER / 2/2017 Concerning BPSK has been revoked and updated with PermendagNo. 72 of 2020 on BPSK. Decree of the Minister of Trade of the Republic of Indonesia No.350/MPP/KEP/12/2001 concerning the Implementation of BPSK Duties and Authorities. According to Article 2 of this Decree BPSK domiciled in the Regional Capital, Regency, or City Region serves to handle and resolve consumer disputes outside the court. The obstacle to resolving consumer disputes through mediation by BPSK is that there has been an agreement on settlement methods but did not immediately get a verdict even though the time was limited. And the solution of the settlement of consumer disputes is timeliness regarding the decision of the assembly, that the BPSK decision can be decided in accordance with the provisions within 21 working days.