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Rizayusmanda, Rizayusmanda
Fakultas Hukum Universitas Palembang
Law, Crime, Criminology & Criminal Justice

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EKSISTENSI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) DALAM PENYELESAIAN SENGKETA KONSUMEN (KAJIAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN) Rizayusmanda, Rizayusmanda
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (479.996 KB) | DOI: 10.36546/solusi.v15i3.74

Abstract

The objective of the study is to describe and analyze the existence of dispute resolution bodies in the dispute resolution of the consensus (Law review number 8 of 1999 on Consumer protection). This research uses normative juridical research. The result of the study: the protection of the cosumen is related to the global business world. The process of dispute occurs because of the absence of common ground between the parties to the dispute. This paper is a normative legal research that is research conducted or directed to the written regulations or other legal materials related to the role of Consumer Dispute Settlement Agency (BPSK) as well as the mechanism of dispute resolution of consumers, and the factors that become constraints of Dispute Settlement Agency Consumers in resolving consumer disputes. Under the provisions of Consumer Protection Act No. 8 of 1999, the role of Consumer Dispute Settlement Board is very helpful in resolving consumer disputes. The mechanism of consumer dispute resolution has been regulated in Article 54 of the Consumer Protection Law Number 8 Year 1999, and is followed up by the issuance of Presidential Decree No. 90/2001 on Technical Guidelines for the Establishment of Consumer Dispute Settlement Bodies at the Regency / City level, the factors that constrain the Consumer Dispute Settlement Board in resolving consumer disputes are 1) institutional / institutional constraints; 2). Funding constraints; 3) .the constraints of human resources; 4) regulatory constraints; 5). lack of socialization to the community; and 6) lack of understanding from the judiciary against consumer protection policies. The role of the Consumer Dispute Settlement Board should be able to act and act more optimally, if in every local government that has had a Consumer Dispute Settlement Agency supporting this institution from both the moral and material aspects, and from the aspect of the regulation, it should be revised by UUPK Number 8 Year 1999 which is currently in force so that the regulations of Presidential Decree and Ministerial Decree can be accommodated into a new law regulating consumer protection.
KAJIAN NORMATIF TENTANG PROSES PELAKSANAAN PEMBEBANAN JAMINAN FIDUSIA ATAS JAMINAN PERSEDIAAN BARANG DAN PIUTANG DAGANG DI DUNIA PERBANKAN Rizayusmanda, Rizayusmanda
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (879.743 KB) | DOI: 10.36546/solusi.v17i1.154

Abstract

Banking is an institution that is vulnerable to risks related to money. The banking position as a mediator that connects those with surplus and financial deficits, banks must maintain good relations with the two parties. Banking decisions must be moderate, namely considering the desires of both parties because without the two parties, banking activities are not running. But if you are not careful in disbursing loans, bad credit will occur, then to protect the money disbursed, the debtor must provide collateral to the bank. This paper is a normative legal research that is research aimed at written regulations relating to the procedure for carrying out fiduciary collateral for collateral in the form of inventory and trade receivables according to Fiduciary Law Number 42 of 1999, and the legal consequences if the collateral is in the form of inventory the goods and receivables are not processed by loading fiduciary and registering them to the Fiduciary Registration Office. In the implementation of Fiduciary Collateral Imposition, especially collateral for credit in the form of goods and trade receivables, as determined by law, by registering the Fiduciary Deed of Registration with the Fiduciary Registration Office - Ministry of Law and Human Rights. For collateral for loans financed by banks, the Actions made under the hand or Notarial but not registered with the Fiduciary Deed of Registration at the Fiduciary Security Registration Office, do not get preferential rights and an executorial right guaranteed by the Fiduciary Guarantee Institute, and the Fiduciary Guarantee Agreement is only in the form of a Fiduciary Deed Registration Office. under the hand that has no executive power
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