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Nyayu Maliqa Qays Sinna; Syahda Maulia Qolbi; Viraliza Ramadonna; Moulyta Elgi Trinanda

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Disputes over unpaid insurance claims are a problem that frequently arises in insurance practice and can harm consumers both financially and psychologically, while also reducing public trust in the insurance industry. Such disputes are generally triggered by differing interpretations of policy provisions, alleged breaches of the good-faith principle, and administrative obstacles, which ultimately lead to civil conflicts between the insured and the insurer. To provide access to dispute resolution that is faster, fairer, and more affordable than litigation, the Financial Services Authority (Otoritas Jasa Keuangan/OJK) established the Alternative Dispute Resolution Institution for the Financial Services Sector (Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan/LAPS SJK) through OJK Regulation No. 61/POJK.07/2020. This study aims to analyze the mechanism for resolving disputes over unpaid insurance claims through LAPS SJK and to assess its effectiveness in providing legal protection and legal certainty for consumers. The research method employed is normative legal research using a statutory approach and a conceptual approach, through an examination of primary, secondary, and tertiary legal materials related to contracts, insurance, consumer protection, and alternative dispute resolution. The findings show that LAPS SJK has the authority to handle civil disputes in the financial services sector, including insurance disputes, provided that the parties have a written agreement and have first pursued internal dispute resolution (Internal Dispute Resolution/IDR). Dispute resolution at LAPS SJK is conducted through mediation and arbitration. Mediation is facilitated by a mediator to encourage the parties to reach a settlement agreement, which may be reinforced into a Deed of Settlement (Akta Perdamaian) that is final, binding, and enforceable. If mediation fails, arbitration offers a more determinative resolution through a final and binding award that can be enforced after being registered with the District Court. Overall, LAPS SJK is considered effective because its procedures are structured, time-bound, and provide a fee waiver for mediation in retail and small-claim cases up to IDR 750,000,000. However, its effectiveness remains conditional, as it depends on the existence of a written agreement between the parties, the obligation to undergo IDR, and good faith in the mediation process.

Gilbert Parsaulian Hutapea; I Nyoman Bagiastra

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The rapid development of communication technology has spurred public demand for smartphones, particularly iPhones, seen as a symbol of prestige and advanced technology. This high demand has been exploited by unscrupulous business actors who distribute parallel import (black market) iPhones that are not officially registered, posing risks to consumers. This study examines the legal protection procedures for consumers, the legal standing of consumers in black market iPhone transactions, and the liability of business actors under Law Number 8 of 1999 concerning Consumer Protection (UUPK). Using a normative legal research method, the study employs statutory and conceptual approaches, analyzing primary, secondary, and tertiary sources. The findings indicate that consumer protection can be achieved through preventive measures such as public education and information transparency, and repressive measures via dispute resolution mechanisms, both in court and through the Consumer Dispute Settlement Agency (BPSK). Consumers' legal rights are acknowledged, though they remain vulnerable due to the purchase of illegal goods. Business actors may be held liable for product liability, including the obligation to provide accurate information and face sanctions. In conclusion, consumer protection in black market iPhone transactions remains insufficient, and stronger enforcement is necessary.

Muhammad Andriansyah; H.R. Adianto Mardijono

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Legal protection for consumers is a crucial element in the legal relationship between business actors and the public, particularly in high-risk service sectors such as gas stove repair services. In practice, many consumers still experience losses due to negligence by service providers, whether caused by inadequate technical handling or insufficient information regarding the condition of the stove after repairs. This study aims to identify and analyze the forms of legal protection available to consumers who suffer losses as a result of such negligence, as well as to determine the types of legal liability that may be imposed on gas stove repair service providers. Using a normative legal research method, this study applies both legislative and conceptual approaches. The legislative approach examines relevant laws and regulations concerning consumer protection, while the conceptual approach analyzes legal principles and expert doctrines related to liability. The findings indicate that consumer protection is provided in two forms: preventive protection, which ensures product and service safety in accordance with Indonesian National Standards (SNI), and repressive protection, which is implemented through enforcement mechanisms such as claims for compensation or dispute resolution through the Consumer Dispute Settlement Agency (BPSK) or the courts. Business actors who commit negligence in providing repair services can be held legally responsible based on the principles of negligence or strict liability. To strengthen consumer protection, the study recommends the establishment of derivative regulations concerning technician certification, standardized repair service procedures, and integrated supervision of safety compliance within the gas stove repair service industry.

Jeki Saroha Tamba; Martono Anggusti; Ria Juliana Siregar

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Consumer protection plays a crucial role in the insurance industry due to the complex, long-term, and trust-based nature of insurance products. Consumers are often in a vulnerable position because of limited access to information and a lack of understanding of policy terms, which increases the risk of losses, especially during claim settlement processes. This study aims to analyze the factors that influence the importance of consumer protection in Indonesia’s insurance sector and to examine the role of the Financial Services Authority (OJK) as the regulatory and supervisory body in financial services. The findings indicate that low financial literacy, information asymmetry, and the dominance of standard contracts are key factors that underscore the need for consumer protection. Meanwhile, OJK plays a strategic role through regulation, supervision, dispute resolution, and financial education for consumers. This study concludes that the effectiveness of consumer protection in the insurance sector depends largely on the synergy between strong regulations, consistent supervision, and improved public awareness of consumer rights.

Andreas Marfel Silaban; Beby Sendy

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Consumer dispute resolution in Indonesia is an increasingly relevant issue, considering the high dynamics of transactions that occur in the goods and services sector, including in the property sector. Consumers, as the weaker party in business transactions, often face problems related to the quality of goods/services received, delays, unilateral cancellations, or even failure in property development. Therefore, resolving consumer disputes is very important and requires adequate legal protection. This type of research is normative juridical research. Normative research is literature research by examining theoretical approaches and concepts that examine consumer disputes. Normative juridical research is legal research that places law as a building system of norms. Problems arise when consumers in good faith have paid all Down Payment obligations, but the business actor actually takes a unilateral decision to cancel the apartment construction project. Consumers who have invested funds amounting to IDR 307,530,900 are trying to get a refund, but the business actor does not show responsiveness and good faith in the refund process. This situation finally forced consumers to take legal action by filing a lawsuit with BPSK Medan City on December 5 2022. This case is a clear example of the application of consumer protection and the importance of BPSK as an alternative for resolving disputes outside of court. This decision also reflects the principles of justice and legal certainty in consumer disputes, where agreed consumers can obtain their rights through an arbitration mechanism.

Stevania Caroline Prata; Darius Mauritsius; Helsina F. Pello

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The standard agreement for the delivery of goods whose contents or clauses are made by business actors to avoid losses on another day and consumers only have the choice to accept or reject, thus making the position of business actors stronger while consumers are weakened. The UUPK itself does not prohibit the existence of an exoneration clause as long as it does not violate article 18 of the UUPK. The type of research is field research or Empirical Juridical research is carried out by starting from primary data obtained from the research site, the data collection technique is through literature studies and analyzed in a qualitative way, which is a discussion that is carried out by combining literature research and field research. The results of the research obtained in the study show that consumers have been protected by Law No. 8 of 1999 concerning Consumer Protection, If a dispute occurs and a family settlement has been carried out but there is no result or no peace occurs, then consumers can take legal action as stipulated in articles 24 and 25 of the UUPK regarding how the responsibility of business actors, in the resolution of consumer disputes is protected by article 45 of the UUPK concerning dispute resolution. Dispute resolution can be done through the court and out of court, out-of-court dispute resolution can be done by filing a claim for compensation or through the consumer dispute resolution agency (BPSK). As a legal consequence that occurs if there is a clause in the standard agreement that is null and void, even though the standard agreement containing an exoneration clause has been agreed before, the agreement cannot be considered valid because it contradicts one of the contents of article 1320, which is a halal cause, due to the transfer of responsibility.  

Abd. Rosid; Ahmad Musadad

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The use of the internet is not only limited to utilizing information that can be accessed via social media, but can also be used as a means to carry out trade transactions that have been introduced in Indonesia, namely e-commerce. In e-commerce transactions in cyberspace, it is possible for disputes to occur, just like disputes that occur in a conventional legal relationship. The more numerous and extensive trading activities and e-commerce transactions, the higher the frequency of disputes and this means that there will be many disputes that must be resolved. One of the payments in e-commerce is COD (Cash On Delivery) which is made on the spot after the order from the courier is received by the buyer. In fact, there have been several cases that have resulted in losses felt by the seller in a buying and selling transaction via e-commerce. How to alternatively resolve consumer disputes through an out-of-court settlement process, and how to provide legal protection for consumers and business actors.    

Randi Randi; Weny Almoravid Dungga; Dolot Alhasni Bakung

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to determine civil liability related to default in article 7 letter f of law No. 8 of 1999 concerning consumer protection at PT. Hj. Warni Niode Palu, as well as to know and understand the process of resolving disputes related to this default through ADR (Alternative Dispute Resolution), namely dispute resolution outside the court. This type of research is a normative-empirical research, namely research conducted by conducting field research, and using a quantitative approach to primary data and secondary data. Primary data includes interviews with the parties concerned, namely PT. Hj. Warni Niode Palu as a provider of transportation services and service users (consumers) and secondary data includes a search of the literature as a support for the main data. Based on the results of the study, the researchers concluded that the responsibility of the Freight Forwarding Services of PT. Hj. Warni Niode is based on Article 7 letter F of Law no. 8 of 1999 concerning Consumer Protection, namely the provision of compensation for compensation for traded services, has proven to be not optimal, PT. Hj. Warni Niode does not provide compensation in accordance with the amount of losses suffered by PT. Sari Jasa. Therefore, PT. Hj. Warni Niode was declared in default because it was not in accordance with what had been agreed upon and mutually agreed upon. The solution sought is a settlement through Alternative Dispute Resolution (ADR), especially mediation, as an efficient and fair way of resolving disputes between PT. Hj. Warni Niode and PT. Sari Jasa to avoid time-consuming litigation.

Moh. Alfajar Mursidah; Nirwan Junus; Sri Nanang M. Kamba

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

A situation that is very unbalanced between consumers and business actors is a big potential that can lead to disputes between consumers and business actors. The government has issued laws that regulate consumer protection, in particular Law Number 8 of 1999 concerning Consumer Protection. The goal is to provide protection to consumers. This research is intended to: (1) to find out the role of the Consumer Dispute Settlement Agency (BPSK) in resolving Finance disputes (2) to find out what are the obstacles faced by the Consumer Dispute Settlement Agency (BPSK) in resolving Finance disputes. This research uses the type of empirical legal research, using a literature approach and research in the field. The sources of legal materials used are primary legal materials and secondary legal materials.The results of the study show that first, the Gorontalo City Consumer Dispute Settlement Agency (BPSK) has carried out its role, totaling 11 (eleven) of which is resolving consumer disputes in 3 (three) ways, namely mediation, conciliation and arbitration, opening consultations on consumer protection, if there is a violation the Consumer Protection Act (UUPK) the Consumer Dispute Settlement Agency (BPSK) is required to report to investigators, the Consumer Dispute Settlement Agency (BPSK) is required to receive complaints in writing or in writing, the Consumer Dispute Settlement Agency (BPSK) is tasked with conducting inspections and research related to consumer disputes, BPSK summons business actors suspected of violating the Consumer Protection Act (UUPK), the Consumer Dispute Settlement Agency (BPSK) has the right to present expert witnesses, witnesses or someone who is deemed to know of violations of the Consumer Protection Act (UUPK), examine the truth evidence, ascertaining whether or not there is a loss on the part of the consumer. The second research result is, What obstacles are faced by BPSK Gorontalo City in resolving Finance disputes in Gorotanlo City, these obstacles are divided into two parts, namely Internal and External. For internal ones, there is an inclusion of a standard clause, asking for help from investigators to summon business actors who do not want to attend invitations from the Gorontalo City Consumer Dispute Settlement Agency (BPSK), finally, financial constraints, namely the Gorontalo City Consumer Dispute Settlement Agency (BPSK) still cannot manage their funds in grants (self-managed).

Diva Yohana Margaretha Marbun; Aam Suryamah; Agus Suwandono

Concept: Journal of Social Humanities and Education 2023 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

The position of business actors and consumers often becomes unequal. Consumers are often the object of business activity to get the maximum profit by business actors and in the end the consumer becomes the aggrieved party. Cases of business actors harming consumers are found in BPSK Garut Regency Decision Number 18/Pdt.S-Brg/BPSK-GRT/IX/2020 regarding the sale of expired vegetable cheese wafers at the Asia Garut Department Store. In this case, there were legal issues regarding BPSK's authority and the judge's considerations in deciding compensation. The research objective is to determine whether BPSK has the authority to decide this case; and analyzing the judges' considerations in the BPSK Decision of Garut Regency Number 18/Pdt.S-Brg/BPSK-GRT/IX/2020 in deciding compensation. This study uses research methods with a normative juridical approach based on applicable legal concepts and theories. Based on the research results, it can be concluded 2 (two) things. First, the settlement process in this case has not provided legal certainty because the choice of dispute resolution method is directly determined by the Garut Regency BPSK Assembly and not based on the agreement of the parties to the dispute and this case should have been tried at the District Court after mediation failed. Second, the Garut Regency BSPK Assembly has not been right in deciding on compensation because the Assembly has confused the duties and responsibilities of producers and supermarkets and does not understand the intent of Article 52 letter (k) of the Consumer Protection Act.