Case Examples Resolved by Badan Penyelesaian Sengketa Konsumen Indonesia

Case Examples Resolved by Badan Penyelesaian Sengketa Konsumen Indonesia

You are a consumer who feels aggrieved by an irresponsible producer? Apparently, your case is not the only one. There are still many other cases that have been handled by Badan Penyelesaian Sengketa Konsumen Indonesia. The following are among them.

 

We may all know that civil law is a provision that regulates rights and interests among individuals in society. Now, the cases handled by Badan Penyelesaian Sengketa Konsumen Indonesia or BPSK (in English: the Indonesian Consumer Dispute Resolution Agency) also include civil law cases—related to violations of consumer protection—which have occurred in this country. What are the cases? See the following.

 

 

The legal basis for consumer protection in Indonesia

Even though there are many cases of fraud committed by the producers to consumers, the losses suffered by consumers are not always caused by that factor, but can also be due to the lack of consumer’s knowledge regarding the products they buy. That is why the Undang-Undang Perlindungan Konsumen/UUPK (in English: Consumer Protection Act) exists.

 

Article 23 of Law No. 8 of 1999 concerning Consumer Protection (UUPK) stipulates that consumers can file a lawsuit against a business actor through BPSK or a judicial body. Hence, according to article 52 UUPK, one of the authorities of Badan Penyelesaian Sengketa Konsumen Indonesia is to receive complaints both written and unwritten from consumers about violations of consumer protection.

 

 

Examples of cases resolved by Badan Penyelesaian Sengketa Konsumen Indonesia

There are several examples of cases of consumer disputes resolved by BPSK in various regions in Indonesia. Below are some of them.

 

  • On June 27, 2012, in Bali, there was a consumer complaint from Made Sumarni who bought gold bracelets at two different jewelry shops in the area of Jl. Hasanudin, Denpasar, Bali. There was no problem with her purchase. However, the problem arose when Sumarni wanted to resale the gold bracelets to the shops. The two jewelry shops refused to buy back Sumarni’s gold bracelet as they claimed that the gold bracelet did not match the weight, or the gold content stated on the purchase note. Sumarni finally reported the dispute to BPSK for Denpasar City. From the mediation session held, both parties, the consumer (Made Sumarni) and the jewelry shops, finally agreed to be at peace and find a win-win solution.

 

  • Another case in Bandung, at the beginning of March 2016, an arbitration hearing was held by Badan Penyelesaian Sengketa Konsumen Indonesia for Bandung City regarding the discovery of foreign objects resembling frog legs in a packaged milk produced by PT.  Ultra Jaya, one of Indonesia’s most well-known dairy producers. The arbitration hearing was held after BPSK brought together Rini Tresna Sari (consumer) as the complainant and PT Ultra Jaya as the suspected. Arbitration is a method of consumer dispute resolution that gives the Assembly the authority to take over, consider, and make decisions.

 

  • Meanwhile, BPSK for Jakarta reportedly resolved 130 cases of consumer disputes experienced by some communities in the Capital City throughout 2015. Most cases of disputes that have been resolved usually involve cases of vehicle withdrawal by leasing companies caused by consumers’ bad credit, hard-to-claim insurance cases, and cases of property—such as apartments and houses—purchases with developers who did not issue the property certificates. Badan Penyelesaian Sengketa Konsumen Indonesia also regrets that there are still a few consumers who submit complaints when harmed by the products they purchased. In Sweden—for comparison, consumer complaint rate almost reaches 70%, but in Indonesia only 2% out of many problems of consumer loss. That is too bad as BPSK stated that it was able to reach 95% in reaching a settlement.

 

Please note, if a dispute case is resolved with the help of BPSK, the case can be forwarded to the court, and the decision is final—it cannot be contested. Therefore, never hesitate to report your dispute case to BPSK.

 

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