Novera, Arfianna (2021) (Peer Review) PENGAWASAN BPSK TERHADAP PERJANJIAN BAKU. Fakultas Hukum Universitas Sriwijaya. (Unpublished)
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Abstract
The weak position held by consumers in the market for goods and services is stipulated in the detri-mental standard clauses in Law No. 8 of 1999 on Consumer Protection, which is, among others,the standard clause stating the transfer of liability of business people (exoneration clause). Article 49 paragraph (1) determines the establishment of Consumer Dispute Settlement Board (CDSB).Article 52 of the Consumer Protection Law defines the duties of CDSB: providing consumer protection consultation,and supervising the inclusion of standard clauses. In practice, there are still many problems faced by consumers in asserting their rights regarding losses caused by the inclusion of standard clauses. The objective of this study is the CDSB’s role in supervising the inclusion of standard clauses in Palembang. This study uses empirical juridical method with legislative approach and case- study approach. The results of the study show that the purpose of setting up the CDSB is to protect consumers and business people by creating a consumer protection system containing the elements of legal certainty and information transparency. The CDSB is passive and can only take action if there is a consumer complaint or claim, and does not feel authorized to take action against the inclusion of prohibited standard clauses. In case of dispute, the CDSB can merely ask business people to remove the prohibited clauses. The CDSB does not actively supervise standard clauses because the authority and procedures for the exercise of authority to supervise standard clauses are not further elaborated in the explanation or the implementation regulations.
| Item Type: | Other |
|---|---|
| Subjects: | |
| Divisions: | 02-Faculty of Law > 74201-Law (S1) |
| Depositing User: | Mrs Arfiana Novera |
| Date Deposited: | 31 Aug 2021 09:29 |
| Last Modified: | 31 Aug 2021 09:29 |
| URI: | http://repository.unsri.ac.id/id/eprint/50296 |
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