An Example of Lawsuit Filed by Badan Penyelesaian Sengketa Konsumen Indonesia
Did you know that Badan Penyelesaian Sengketa Konsumen Indonesia will fight for your rights as a consumer against an irresponsible producer? Read the complete info here.
Even though in 2015 there was only about 2% of Indonesians reporting their losses as consumers to Badan Penyelesaian Sengketa Konsumen Indonesia/BPSK (English: the Indonesian Consumer Dispute Resolution Agency), you need to know that BPSK will do their best to resolve your case. If necessary, they will also file a lawsuit to Mahkamah Agung or MA (English: the Supreme Court). Therefore, you also need to know the example of the lawsuit.
The definition of a lawsuit in civil law
A lawsuit is a letter submitted by Badan Penyelesaian Sengketa Konsumen Indonesia to the head of an authorized district court. The lawsuit includes a claim for civil rights which contains a dispute with its foundation of case investigations and its evidence of true rights. The nature of the lawsuit is called the real trial and the legal product produced is a legal decision.
Based on Article 36 of the Minister of Industry and Trade Decree 350/year 2001, if a business actor as a defendant does not fulfill the call of BPSK, BPSK can adjudicate consumer disputes without the presence of business actors. So, BPSK can grant the consumer claims as a plaintiff. Also, note that BPSK verdict is a final decision and has a permanent legal force.
Final means that there are no appeals and cassations (based on Article 54 verse [3], UUPK or Consumer Protection Act). The BPSK decision can then be requested to determine the execution by BPSK to the District Court in the place of the aggrieved consumer.
An example of a lawsuit filed by BPSK to MA
The following is an excerpt from the opening section of a lawsuit filed by Badan Penyelesaian Sengketa Konsumen Indonesia:
668 K/Pdt.Sus-BPSK/2017
FOR JUSTICE BASED ON THE ALMIGHTY GOD
SUPREME COURT
Examining the specific civil matters of consumer disputes at the cassation level and deciding as follows in the case between:
DALI SUSANTO, residing on Ampera Street Number 5,
Pekan Bahorok Village, Bahorok District, Langkat Regency;
Past Cassation Applicant Respondent of Objection;
Against
PT BANK RAKYAT INDONESIA (Persero) Tbk.,
BINJAI BRANCH OFFICE, represented by Gaib Prawata, Branch Manager
PT Bank Rakyat Indonesia (Persero) Tbk., Binjai Branch Office,
domiciled at Jalan Sutomo Number 6 Binjai, in this case
authorizing Arif Tri Cahyono and friends,
Employees of PT Bank Rakyat Indonesia (Persero) Tbk., Based on
Special Power of Attorney dated January 12, 2017;
The Cassation Respondent was previously the Petitioner of Objection;
The Supreme Court;
Reading the relevant documents;
Considering, that from the documents referred, it turns out that now
The former Cassation Respondent as the Petitioner of Objection has submitted
objection to the Decision of the Consumer Dispute Settlement Agency
Coal Regency Number 1109/Arbitration/BPSK/BB/VII/2016 dated
December 23, 2016, with the following rules:
- Granting all consumer requests as the plaintiff;
- Stating that there is a loss on the part of consumers;
- Declaring the business actor as the defendant has never attended any trial appropriately called upon by Badan Penyelesaian Sengketa Konsumen (BPSK) in Batu Bara Regency according to regulation and legislation applicable in the territory of the Republic of Indonesia;
- Declaring the fact that the business actor who has never provided copies of credit agreement that ties between the consumer and business actor, such as Credit Agreement, Insurance Policy and Dependent Entitlement Deed, and others are illegal, as well as contrary to Law Number 8 of 1999 concerning Consumer Protection specifically regarding standard clauses; Page 2 of 45 things. Put. Number 668 K/Pdt.Sus-BPSK/2017
- Declaring the consumer that has good intentions in carrying out his obligation to the business actor by paying the installment of the interest on credit loans every month to the business actor.
The process of the dispute resolution may take time and effort, but it is worth them. Therefore, never hesitate to report your disputes to Badan Penyelesaian Sengketa Konsumen Indonesia in the city or district you live in.
