PENYELESAIAN SENGKETA KONSUMEN MELALUI ARBITRASE BPSK DI MASA PANDEMI COVID-19
Sri Wahyuni1, Sonyendah Retnaningsih2,

Universitas Padjajaran1, Universitas Indonesia2

Abstract

During the Covid-19 pandemic, the Indonesian government implemented the PSBB (Large-Scale Social Restrictions) policy to prevent the spread of Covid-19. This policy also affects the settlement of consumer disputes outside the court through non-litigation such as BPSK. The dispute resolution has experienced several obstacles, such as stagnation of the trial for consumer dispute resolution, the recommendation for WFH (Work From Home). The next question is how to resolve consumer disputes through BPSK Arbitration during the Covid-19 pandemic. Like the BPSK Arbitration decision Number 002/ P.Arbitrage / BPSK-Llg /VI /2020 dated June 29, 2020, which was canceled by the Lahat District Court Decision Number 8/Pdt.Sus-BPSK/2020 /PN.Lht. This study uses a qualitative normative legal research method, this study uses a case approach. This study uses Friedman^s Legal System Theory, Soerjono Soekanto^s Law Enforcement Theory and analyzes the Law Number 8 Year 1999 regarding Consumer Protection. The results of this study indicate that dispute resolution through BPSK Arbitration must be an option and agreement of the parties and the BPSK Arbitration decision has been canceled by the District Court, causing legal uncertainty for the parties.

Keywords: Dispute Resolution, Consumers, Arbitration

Topic: General Issues