Faktor-Faktor di Batalkannya Putusan Badan Penyelesaian Sengketa Konsumen Oleh Pengadilan Negeri (Studi Putusan Nomor : 281/Pdt.Sus BPSK/2017/PN.Mdn)

Abstract

Consumers are generally interpreted as the last user of the product delivered to them by entrepreneurs, that is, everyone who gets goods to be used and traded or traded again. Generally and fundamentally, the relationship between producers (companies producing goods and / or services) and consumers ( the end user of goods and / or services for himself or his family) is a continuous, continuous relationship. The law on consumer protection addresses a number of consumer rights that need legal protection. These rights are the rights of consumers as individuals who are also citizens (burgers). Consumer rights are civil rights which are protected by civil law. The problem proposed in this study is what caused the cancellation of the decision of the Consumer Protection Dispute by the District Court with the study of the decision number: 281 / Pdt.sus-BPSK / 2017 / PN.Mdn. The method in writing scientific papers uses normative research methods. In a dispute between consumers and business actors, it can be found the cause of the cancellation of the BPSK decision by the District Court, namely the authority of BPSK in dealing with consumer disputes that disputes between business actors and consumers are included in pure civil law where an agreement between the two parties has been reached. In the case of consumer liability in the event of a default such as through Article 1243 of the Civil Code states that the debtor is obliged to pay compensation, if after being declared negligent he still does not fulfill the achievement it can cause losses. In this case the parties to the dispute must choose one of these mechanisms. In this case BPSK carries out its duties based on Article 45 and Article 52 of Law Number 8 of 1999 concerning Consumer Protection, as well as Regulation of the Minister of Trade No.350 / MPP / Kep / 12/2001 concerning Implementation of BPSK Tasks and Authorities.