47 J.L. Pol'y & Globalization 1 (2016)

handle is hein.journals/jawpglob47 and id is 1 raw text is: 


Journal of Law, Policy and Globalization                                               www isteorg
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)                                                  I
Vol.47, 2016lllSh

  Legitimation of Consumer Dispute Resolution Agency in Solving

    Consumer Disputes Based on Act Number 8 Year 1999 about

                                 Consumer Protection

              Harpani Matnuh*   Suhariningsih2  Bambang Winarno3    Rachmad Safa'at'
                  1.Doctorate Candidate at Law Faculty of Brawijaya University, Malang
                2. Professor of Agrarian Law, Faculty of Law, Brawijaya University, Malang
           3. Associate Professor of Corporate Law, Faculty of Law, Brawijaya University, Malang
             4. Associate Professor of Labor Law, Faculty of Law, Brawijaya University,Malang

Abstract
Based on article 1 subsection (1) of Act Number 8 Year 1999, government forms Consumer Disputes Resolution
Agency (CDRA) in region level II (regency/city) to solve consumer disputes outside court. Forming of CDRA is
expected may give protection to the consumer in solving the dispute efficiently, quickly, cheaply and
professionally. But there is a bias in management of CDRA in Act Number 8 Year 1999 and causing conflict
among norms inside the act, causing legitimation of CDRA becomes weak. Moreover, the problem of the study
is appearing or looking for legitimation of institution and authority of CDRA in solving the consumer dispute
based on Act Number 8 Year 1999 about Consumer Protection.The method used in this study is normative study
focused on law institution. The approach used in this study is act approach and conceptual approach. Based on
the study that the legitimation of CDRA in solving the dispute consumer outside court has weak basis, because
Article 4 subsection (1) Act Number 8 Year 1999 says law basis of CDRA forming has bias /unclear, deal with
government authority who has the authority to form CDRA, and kind of Act in CDRA forming. Moreover, no
implementing regulation from Article 49 subsection (1) Act Number 8 Year 1999, causing law emptiness about
mechanism of CDRA forming in region. Then, CDRA authority in Article 52 Act Number 8 Year 1999 valued
over the main authority given Article 49 subsection (1) Act Number 8 year 1999, who only gives authority to
CDRA to solve consumer dispute. As a result the legitimation of CDRA as a board of dispute solving for
consumer outside court becomes illegitimated.
Keywords: Legitimation, Authority, Consumer, Protection, Disputes, Consumer Disputes Resolution Agency
            (CDRA)

INTRODUCTION
In Article 1 number (2) Act Number 8 year 1999 about Consumer Protection, consumer means  every single
person who consumes things and or service provided in society, whether for self-interest, family, other people or
other creatures and not traded. The term consumer is originated from the word consumer orconsument.1
Literally, it means every single person who uses things.2. The goal of the using is later deciding which consumer
he/she belongs to. As same as English-Indonesia dictionary gives definition to consumer as user or consument.
        Then in Act Number 8 year 1999 used term entrepreneur and not producer. Based on Article 1 number
3 Act Number 8 Year 1999, entrepreneur is every single person or business corporation, whether it is law
institution or non-law institution that built and located or having activities in law area of the country of the
Republic of Indonesia, whether it is individual or group through deal in operating business activity in various
fields of economy. Based on the explanation of Article 1 number (3) Act Number 8 Year 1999, who
entrepreneur is entrepreneur who is in this definition is enterprise, corporation, BUMN, cooperation, importer,
trader, distributor, etc.
        Formulation of Article 1 number 3 Act Number 8 Year 1999 deals with entrepreneur has large
definition, and not only factories producers who must result things and or services devote to Act but also partners,
includes agents, distributors and links who implement distribution function and things or services bargaining to
large society as users of the things and services3
        Practically, relationship between consumer and entrepreneur is not always good and harmonist even can
cause consumer dispute. Consumer dispute is dispute deals with violation of consumer's rights. It includes all
law aspects, whether it is civil, criminal or public institutions.
        Consumer dispute does not need to happen if enterpreneur implements the duty as parameter meant in
Act Number 8 Year 1999 about Consumer Protection.The six parameters are : deal with label, national standard

1 Az. Nasution. Law of Consumer Protection, an Introduction (Hukum Perlindungan Konsumen Suatu Pengantar). (Jakarta:
Daya Widya. 1999). p 3
'Ibid.
3Gunawan Wijaya dan Ahmad Yani, Hukum tentang Perlindungan Konsumen. (Jakarta: PT Gramedia Pustaka Utama.2000).
p. 5

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