JURIDICAL ANALYSIS OF DISPUTE SETTLEMENT AT TANJUNGPINANG CITY CONSUMER DISPUTE SETTLEMENT AGENCY (BPSK) TO REALIZE PROTECTION AND LEGAL CERTAINTY

Law

It is undeniable that today the competition in the business world is getting heavier and tighter, so to survive, many businesses take all kinds of ways, such as holding promotions, discounts, gifts, and promises that will interest consumers. The consumer is any user of goods and services available in the community, both for the benefit of themselves, their families, others, and other living beings and not for trade. A civil dispute is a civil case with at least two parties, the plaintiff and the defendant. If in society, there is a dispute that cannot be resolved by deliberation, then the injured party can file a lawsuit. This party is called the plaintiff. The lawsuit is filed with the court or institution authorized to resolve the dispute. Law No. 8 of 1999 on Consumer Protection gives the right to consumers to file a lawsuit against business actors and defend their rights against business actors. The parties are also protected by their respective rights and obligations. Under this provision, consumers can determine the form of settlement to be chosen as specified in Article 45 paragraph 2, namely,” Consumer Dispute Resolution can be reached through the court or outside the court based on the voluntary choice of the parties to the dispute.” If consumers choose to resolve consumer disputes out of court, the institution authorized to handle the disagreement is the Consumer Dispute Resolution Agency. Consumer Dispute Resolution Agency. All parties must take a role in making businesses and consumers aware of their respective rights, duties, and responsibilities. This must be done to ensure the protection of consumers and business actors. However, in reality, there are business actors in promoting and marketing very exploitative and often detrimental to consumers. If business actors harm consumers, then consumers can use their right to get compensation if the condition of the goods or services purchased is not as it should be. BPSK Tanjungpinang city was formed based on the mandate of Law No. 8 of 1999, which was reaffirmed by the mayor of Tanjungpinang on the application for the establishment of the Consumer Dispute Resolution Agency Tanjungpinang City No. 382 / INDAGKPMD / 2006, as well as Presidential Decree No. 32 of 2008 on the establishment of the Consumer Dispute Resolution agency in Tanjungpinang city.

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