The impact of the liquidation of the quasi-judicial institution of the consumer dispute resolution body on consumers’ access to justice and its reorganisation efforts from the perspective of Siyasah Syar’iyah

Musataklima, Musataklima ORCID: https://orcid.org/0009-0004-9827-4460 (2024) The impact of the liquidation of the quasi-judicial institution of the consumer dispute resolution body on consumers’ access to justice and its reorganisation efforts from the perspective of Siyasah Syar’iyah. Jurisdictie: Jurnal Hukum dan Syariah, 15 (1). ISSN 2086-7549

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Abstract

The Consumer Dispute Settlement Body (BPSK) is an institution authorized to resolve consumer disputes that is in the regency and/or city. However, after Law No. 23/2014 on Local Government was passed (Local Government Law), BPSK was liquidated and transferred to the provincial level. This research aims to find out the causes of BPSK liquidation, its impact on access to justice for consumers and BPSK reorganization efforts in the Draft Amendment to Law Number 8 Year 1999 on Consumer Protection. The legal research method used is empirical legal research with a sociological juridical approach. The data used are primary data and secondary data obtained through interviews and document studies. The research data is then analysed prescriptively. The results of this study are: First, the cause of the Consumer Dispute Settlement Agency (BPSK) being liquidated after the enactment of the Local Government Law is because the management and authority of BPSK formation is transferred from the district/city to the authority of the Provincial government based on the Local Government Law. Second, the implication of the liquidation of the Consumer Dispute Settlement Body (BPSK) is that it results in limited consumer access to justice through BPSK itself. Third, the reorganization of the position of BPSK so that it can contribute to consumer protection is by restoring the position of BPSK in the district and/or city in the new consumer protection bill, in addition it must make protection a mandatory government affair in the Local Government Act so that it can strengthen the position of BPSK in the district and/or city.

Item Type:	Journal Article
Keywords:	Liquidation; The Consumer Dispute Resolution Body; Siyasah Syar’iyah
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180102 Access to Justice 18 LAW AND LEGAL STUDIES > 1801 Law > 180105 Commercial and Contract Law
Divisions:	Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User:	Mr Musataklima Musataklima
Date Deposited:	28 Oct 2024 09:28

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