Looking for something else? try google search !

Custom Search

Tuesday, 15 November 2011

Alternative Dispute Settlement Consumer

In everyday life, interactions between the buyer / consumer and merchant / business actor is a common thing to happen. With the intensity of interaction is high enough that the possibility of a dispute is unavoidable. In the event of disputes resulting from any one of the main parties who feel aggrieved either materially or unmaterially usually those who feel aggrieved are directly complained to the police and ended up in court to fight for right and truth, just settlement of disputes through the courts often take a not for a moment and the cost is not small even though the main principle of the courts of any level of court quickly and cheaply. In the production chain, the consumer is the final link so that consumers often become the aggrieved party. Therefore, the government sought to protect the purchaser or consumer by Act No. 8 of 1999 on Consumer Protection and legal institutions to resolve disputes between consumers and businesses through an alternative dispute settlement outside the court called the Consumer Dispute Settlement Board or in the Indonesian language shortened to BPSK (Badan Penyelesaian Sengketa Konsumen). Following up on The Birth of Law No. 8 Year 1999, issued the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number: 350/MPP/Kep/2000 About Consumer Dispute Body.

In practice, if you as a consumer to feel aggrieved for damages, losses due to pollution or consume goods or services produced or traded by the business, then based on the provisions of Article 19 of Law - Consumer Protection Act, consumers can demand compensation. Indemnity for claims made by consumers, businesses can deliver it within a period of 7 (seven) days after the date of the transaction. Conversely, if the business refuses and / or is not responding and / or does not pay compensation as demanded by consumers, so consumers can file a settlement of business disputes through BPSK.

Then the question arises, what is a BPSK?? Consumer Dispute Settlement Body abbreviated as BPSK is one of the consumer courts, based on each area counties and cities throughout Indonesia as regulated under the Act No.8 of 1999 on Consumer Protection of the primary charge consumers resolve disputes outside the courts generally, BPSK element consists of representatives of government officials, consumers and business actors or producers who are appointed or dismissed by the Minister, in addressing and managing customer issues, BPSK has the authority to verify a report and testimony from the parties to the dispute, see or pay for a sign, bill or receipts, lab test results or other evidence, the decision of the Consumer Dispute Settlement Body (BPSK) is binding and final settlement for the parties.

If you are consumers have been harmed by the business / merchant, what to do or the words complained that lainbagaimana way to BPSK??. It's easy, consumers or their heirs or their proxies only need to apply through the Secretariat containing the BPSK is correct and complete, about:
1. Name and full address of the consumer, or his heirs with proof of identity.
2. The name and complete address of the business.
3. Goods and / or service of the complaint.
4. Proof of acquisition (Bon, Invoices, Receipts and other documentary evidence).
5. Description of the place, time and tdiperoleh goods and / or services.
6. Witnesses who knew the goods and / or services acquired.
7. Photographs of goods and services implementation activities (if any).
Consumer dispute resolution petition against this, the Secretariat will provide evidence BPSK receipt request.

As a consumer judiciary, BPSK has 3 ways of handling disputes, namely:
a. Conciliation,
b. Mediation,
c. Arbitration.

Each consumer disputes handled by BPSK, must be completed no later than within 21 working days from the request is received by BPSK. If no agreement is reached through a BPSK between consumers and businesses then no later than 14 working days from receipt of the assembly formed by BPSK, the disputing parties may file objections to the district court.

Finally in closing this article, Consumer Dispute Settlement Board is an agency that exists to protect consumers and to resolve a dispute between when consumers and businesses through an alternative dispute  settlement outside the court.

No comments:

Post a Comment

There was an error in this gadget