Optimizing of the Consumer Dispute Settlement Agency as a Non-Court Agency to Resolve the Consumer Dispute

Abstract

The Consumer Dispute Settlement Agency (BPSK) is a non-court consumer dispute resolution agency that should be part of a protection effort to weak consumers when disputing against stronger business actors. In practice, BPSK experiences many obstacles so that it cannot play its role optimally. This paper aims to examine the efforts that can be made to optimize BPSK as fast and beneficial non-court consumer dispute resolution agency and to fulfils the value of justice. This paper is based on a study of secondary data that is analyzed qualitatively. The results show that BPSK still has many weaknesses. This condition is exacerbated by the growing strength of neoliberalism that affects the global economic system, which is realized or not has occurred strong control (business actors) against the weak (consumers). The efforts on BPSK optimization can be done including aspects of the substance of the rules, institutions, resources, and legal culture.

The existence and challenges of consumer dispute settlement agency in Indonesia in globalization era

“…The mandate to establish the Consumer Dispute Settlement Agency (BPSK) in Indonesia has existed since the enactment of Law no. 8 of 1999 concerning Consumer Protection (UUPK) (Purwoko et al, 2020;Subagyono et al, 2022;Syamsudin, 2021). Prior to the enactment of the UUPK, the choice of consumer dispute resolution was through deliberation or through the courts (Pardede, 2022;Saragih et al, 2022;Sujono et al, 2022).…”