Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-3 | Issue-08 | 1007-1013
Review Article
The Principle of Justice in Listening To the Evidence in Consumer Dispute through Arbitration in Indonesia
Azwir Agus, Tan Kamelo
Published : Aug. 30, 2018
Abstract
The realization of the principle of justice in proving the settlement of
consumer disputes through arbitration in Indonesia is important, with three reasons,
namely first, there is a weakness of the consumer protection law because the
formulation of substantial norms and formal law is contrary to other laws so that the
formulation is not in the framework national legal system and difficult to be
harmonized. Second, the legal norms for consumer dispute settlement with an inverse
proof burden system have created injustice for consumers and producers and open up
opportunities for other parties to manipulate adverse evidence. Third, no matter how
well the consumer dispute resolution process, does not guarantee that justice is
achieved unless the judge (arbitrator) is right and correctly divides the burden of proof
and provides an assessment of the strength of the evidence submitted by the disputing
party. Discussion of the problem of proof, using the normative legal research method
that refers to norms and legal principles in the legislation or court decisions. This
discussion is explorative on thought, concrete legal norms in the Indonesian consumer
protection law and is prescriptive to offer the concept of problem solving of the
problems presented. The conclusion of the discussion is that the consumer arbitration
verification system in Indonesia is a model that comes from the presumption of liability
principle with a reverse proof burden. The realization of justice in this system cannot
be harmonized so that it needs to be adjusted to the principle of justice that is
universally adhered to and the principle of justice characterized by the legal personality
of the Indonesian nation, namely Pancasila justice.