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description Journal article public ADIL: Jurnal Hukum

Pasal 33 Undang - Undang Dasar Negara Republik Indonesia Tahun 1945 Dan Penerapannya Dari Masa Ke Masa Sejak Era Pemerintahan Soekarno, Soeharto, Dan Pemerintahan Era Reformasi

Ratih Lestarini
Published 2013

Abstract

Consumers' protection ultimately depends on how the institutions on this matter respond, handle, and document all sorts of issues or claims reported by consumers. The Agency for the Settlement of Consumers' Disputes (BPSK) in this respect serves as an alternative off-court solution to any disputes related to consumers' right protection as stipulated in UU No.8/1999 on consumers' rights. In fact, the findings of assessment conducted by the National Agency for Consumers' Protection (BPKN-RI) reveal that the operating procedures of LPKSMs have contributed to the better performance of the existing BPSKs in serving the BPSKs' functions as required by UUPK 1999, that is, to protect consumers' right. Focusing on consumers' financing scheme, this study suggests that BPSKs have successfully managed to prevent consumers'-protection related cases from remaining unsolved. The handling of these cases—which is under the Junior Chief Justice' supervision and which is a big success—should be appreciated despite the institution's lack of sufficient law of procedure. The government should therefore put the revised decree (on the Ministries of Industry and Trade dated December 10 2001 on BPSK's job description) into effect. So far (until 2013) this decree, which was formulated by an expert team in 2006 and was completed in 2007, has not been put into effect even with the disharmony of control on this matter.

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