TINJAUAN YURIDIS TERHADAP UPAYA KEBERATAN ATAS PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN KOTA MEDAN ANTARA DEDEK CAHYO MELAWAN PT EXPRESS LIMO NUSANTARA PADA PERKARA NOMOR 472/Pdt.G/2007/PN.Mdn.
ABSTRACT: Consumer protection
is all the effort that ensure legal certainty toprovide protection to
consumers. In the current business development , consumer disputes can arise
and require regulation that contains clearprovision for any settlement of
consumer disputes. Settlement of consumerdispute can be done outside the court
as provided in Act No. 8 of 1999 on Consumer Protection. The research purpose
is to conduct reviews legally of BPSK decision which is final anda binding,
knpwing the process offiling an appeal against the decision BPSK anda absolute
competenceMedan District Court case number 474/Pdt.G/2007/PN,Mdn. This type of research
used by the author in this research is normative juridicialresearch. The author
in this study discusses the synchronization principleof law.The result obtained
from the study consist three main issues, First: Decision BPSK said to be final
and binding, if the dispute has been through yhe process of inspection pursuant
to reach verdict in BPSK:m Second : Filing an objection yo the case number
472/Pdt.G/2007/PN.Mdnnot meet the requirements stipulated in article 6
paragraph (3) of the Regulation of the Supreme Court No. 1 of 2006 , so the
reasons for filingobjections has no legal basis in accordance with the existing
provisions:Third: Medan District court in examining the objection only refers
toArticle 56 paragraph (2) of the Act Protection Consumer anda do not payattention
to the provisions of the arbitration so wrong in applying the law. Advice from
the authir of the problems studied , First: that the decision BPSK can be
directly executed and not given the effort to raise objections: Second:
District Court can be reject the arbitration BPSK decision check:Third:
Dostricy Court in order to apply the precautionary principle and through in
checking objection to BPSK arbitration decision.
Penulis: Jeckon Franki
Hutabarat
Kode Jurnal: jphukumdd151148
