KEKUATAN HUKUM PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN
ABSTRACT: Agency Of Consumer
Dispute Resolution is a special court that consumers are expected to answer the
demands of the community to litigants process runs fast, simple and cheap to
Article 54 Paragraph (3) of BFL, Agency Of Consumer Dispute Resolution decision
as a result of the settlement of consumer disputes by conciliation, mediation
or arbitration, shall be final and binding . Final sense means that dispute
settlement has been completed and ended, while the word connotes binding force
and as something that should be undertaken by the parties is required for it.
In accordance with the interpretation of Article 54 paragraph (3) of BFL, which
referred to the decision of the tribunal is final is that in Agency Of Consumer
Dispute Resolution no appeal and cassation. However, in Article 56 Paragraph (2)
of BFL mentioned that when consumers or businesses refuse Agency Of Consumer Dispute
Resolution decision, may appeal to the District Court and the Supreme Court.
This is contrary to the meaning of BPSK decision which is final and binding,
with the provisions of the Articles of contradictory and inefficient. In
accordance with the above description, the authors are interested in conducting
research under the title The Power of Law Consumer Dispute Settlement Body
decision. This thesis aims to determine the verdict of Consumer Dispute
Settlement Body has the force of law executory, to learn to understand the
legal consequences of the decision of the Consumer Dispute Settlement Body that
is not practicable, and to mengetahuiupaya which can bereached by the parties
to the objection of consumer Dispute Settlement Body decision. In this thesis,
the author uses the method of normative legal research. Data sources supported
by the data source of primary, secondary and tertiary. While collecting data is
literature study and survey data using deductive method is to analyze the
problems of a general nature and specifically the conclusions drawn on the
basis of existing theories. The results of the discussions in this paper is,
first, a decision that can be executed Agency Of Consumer Dispute Resolution.
Agency Of Consumer Dispute Resolution decision which contains the amount of
indemnity, and does not violate the principle of ultra virus or exceed those
specified in Article 178 Paragraph (3) HIR, that decision can not be more than requested
in petititum. Second, Entrepreneurs who do not file an objection within the
period referred to in Article 56 Paragraph (2) are deemed to accept the
decision of Agency Of Consumer Dispute Resolution, when not carried out by
carriers, Agency Of Consumer Dispute Resolution submit the decision to the
investigator to conduct the investigation in accordance with the statutory
provisions applicable. Third, efforts which can be reached by the parties
objected to the decision of the Consumer Dispute Settlement Board is to submit objections
to the District Court and the Supreme Court. Agency Of Consumer DisputeResolution
objection to the proposed decision to the District Court is included
Jurisdiction Contentiosa
Penulis: Novreddy Sihombing
Kode Jurnal: jphukumdd151319
