KEBEBASAN PILIHAN PENYELESAIAN SENGKETA MELALUI KONSILIASI ATAU MEDIASI ATAU ARBITRASE DI BADAN PENYELESAIAN SENGKETA KONSUMEN KOTA BANDUNG

• Main Authors: , Dedi Hadiyat, , Dr. Sulistyowati,SH.,M.Hum.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2013
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/123824/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63939
• Institution: Universitas Gadjah Mada

The purpose of this research is to know how to exercise freedom of choice in consumer dispute resolution Consumer Dispute Settlement Body in Bandung, the granting freedom to choose the settlement through conciliation or mediation or arbitration can run effectively in resolving disputes and effective role in protecting consumers, as well as the purpose of the study aims to examine the legal protection of consumer rights when there is no consensus in the choice of dispute settlement in Bandung Dispute settlement Body. Freedom of Choice study titled Dispute Resolution Through Mediation or Arbitration or conciliation in the Consumer Dispute Settlement Body Bandung is normative empirical research, which this study will focus first two phases of the study that is derived from the normative study of the terms related to consumer protection, the second study aspects of the effectiveness of the implementation of freedom of choice of consumer dispute resolution at the Consumer Dispute settlement Body, the data obtained from summarized in a descriptive report. The results showed that the Consumer Dispute Settlement Board is a body responsible for handling and resolving disputes out of court between businesses and consumers. The agency was formed on the basis of Law No. 8 of 1999 on Consumer Protection, consumer dispute resolution method in the Consumer Dispute Settlement Body by choosing through conciliation or mediation or arbitration. But while consumer and business actors do not agree in choosing the preferred means of dispute settlement through the above solution, the freedom of choice will be ineffective in consumer dispute resolution process, so that the enforcement of consumer protection aspects of these conditions is very weak but not totally protect consumers, of course such a mechanism could be a chance for actors and slit remedy efforts to stop consumers by not agreeing to the settlement that is in BPSK.