Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-5 | Issue-09 | 355-361
Original Research Article
Legal Reconstruction of the Implementation of Arbitration on Consumer Disputes Based on Justice Value
Gunarto, Asman Siagian, Aryani Witasari
Published : Sept. 18, 2022
Abstract
The purpose of this study is to examine and analyze the weaknesses of the regulations for the execution of arbitration in adjudicating consumer disputes, and reconstructing regulations for the execution of arbitration in adjudicating consumer disputes based on justice value the research are done using a normative-juridical research method which relies on literature review and finding obtained in the field. Based on the findings of this research, several facts and inputs were found in the execution of consumer dispute resolution arbitration where there are still several weaknesses, namely Weaknesses in Legal Substance, which lies in the principles, processes and decisions of consumer dispute resolution through arbitration that is not in tune with Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, weaknesses in the Legal Structure, namely problems in BPSK and Weaknesses in the Community/Consumers, namely the level of consumer awareness of their rights is still low. Based on the results of the research, it is recommended to reconstruct the provisions contained in Perma No.1 of 2006 concerning Procedures for Filing Objections to the Decision of the Consumer Dispute Settlement Agency, the amended provisions are Article 6 paragraph (2) and paragraph (5) as well as in Article 54 paragraph (3) Law no. 8 of 1999 concerning Consumer Protection.