Revealing Cases of Class Action Ever Happened in Indonesia

These are the Duties and Responsibilities of BPSK in Indonesia

If you have ever experienced dissatisfaction or even fraud committed by some producer or seller, don’t just give up. Report it to Badan Penyelesaian Sengketa Konsumen Indonesia. What is this institution founded for? See the following.

 

Did you know, consumers can report if they get goods or services that do not meet their satisfaction or the promise of the seller or producer? The government has established Badan Penyelesaian Sengketa Konsumen Indonesia or the Consumer Dispute Settlement Agency (known as BPSK) in charge of resolving the issue. So, what are the tasks and authorities of BPSK? Find the answer below.

 

 

What is Badan Penyelesaian Sengketa Konsumen Indonesia?

BPSK is a non-structural institution that is domiciled in districts and cities that serve as an alternative way to resolve disputes outside the court. The legal foundation is Article 49 of Law No. 8 of 1999 concerning Consumer Protection which states that the government established BPSK in the second level area to resolve disputes outside the court.

 

The organizational structure of Badan Penyelesaian Sengketa Konsumen Indonesia consists of the chairman, the vice chairman, and the secretary who also act as the members. BPSK members consist of government, consumers and business actors. The government part comes from agency representatives whose scope of work covers the fields of industry, trade, health, mining, agriculture, forestry, transportation, and finance.

 

Meanwhile, the consumer element comes from representatives of Lembaga Perlindungan Konsumen Swadaya Masyarakat or known as LPKSM (in English: The Self-Help Consumer Protection Institution) registered and recognized by the Mayor, Regent, or Head of the local Service. Elements of business actors come from associations and/or employers’ organizations in the local City or Regency area.

 

 

What are the duties and responsibilities of BPSK?

Under Article 52 of Law No. 8/year 1999, the duties and authorities of Badan Penyelesaian Sengketa Konsumen Indonesia include:

  • Receiving complaints both written and unwritten from consumers about violations of consumer protection.
  • Providing consumers with consultation regarding consumer protection.
  • Supervising the inclusion of standard clauses released by business actors.
  • Carrying out the settlement of consumer disputes, by means of mediation, arbitration, or conciliation.
  • Reporting to the general investigator if there is a violation of the provisions in this law.
  • Conducting research and examining the disputes over consumer protection.
  • Calling business actors suspected of having committed violations of consumer protection.
  • Calling and presenting witnesses, expert witnesses, and/or anyone who is considered aware of violations of this law.
  • Requesting assistance from investigators to present business actors, witnesses, expert witnesses, or all the parties who are unwilling to fulfill the call of BPSK.
  • Obtaining, researching, and/or assessing letters, documents, or other evidence for investigation and examination.
  • Deciding and determining whether there is a loss on the part of the consumer or not.
  • Notifying decisions to business actors who violate consumer protection.
  • Imposing administrative sanctions on business actors who violate the provisions of Undang-Undang Perlindungan Konsumen or UUPK (in English: Consumer Protection Act).

 

Based on Article 36 of the Minister of Industry and Trade Decree 350/year 2001, unless the suspected business actor is present on the first trial, the panel of judges of BPSK will provide the last chance for the business actor to attend the second trial with the necessary evidence.

 

If at the second trial, the business actor is still not present, then the consumer lawsuit is granted by the Assembly without the presence of the business actor. The verdict of BPSK is a final decision and has a permanent legal force.

 

So, please do not let frauds against consumers increase. If you report your dispute, you are not only defending your rights as a consumer, but also the rights of all consumers in this country. Go ahead and register your dispute case to BPSK!

 

Source: https://smartlegal.id/en/smarticle/2019/01/11/consumer-dispute-resolution-body-in-indonesia/

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