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AKIBAT HUKUM DAN KEKABURAN NORMA DALAM PENGATURAN UNDANG-UNDANG TENTANG TANGGUNG JAWAB SOSIAL PERSEROAN TERBATAS Harjono, Dhaniswara K.
Veritas et Justitia Vol. 8 No. 2 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i2.5742

Abstract

Limited Liability Companies in Indonesia, under the applicable law (Law 40/2007 and PP 47/2021), are under the obligation to realize its corporate social responsibility. The idea of CSR is to force the company to make it presence felt beneficially by the local community and wider society.  Unfortunately, not all companies are willing and able to meet its corporate social responsibility, or even if they chose to do so, proportionality is disregard. This paper, using Rudolph von Jhering's point of view, explores and identifies what legal or non-legal factors hinders the implementation of CSR.
Ensuring Fair Business Practices and Consumer Rights: The Role and Impact of Indonesia's Consumer Dispute Settlement Agency Dhaniswara K. Harjono; Hulman Panjaitan; Moermahadi Soerjadjanegara; Hendra Susanto; Abu Hena Mostofa Kamal; Suwarno Suwarno
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.37177

Abstract

This research examines the role and impact of Indonesia's Consumer Dispute Settlement Agency (BPSK) in promoting fair business practices and protecting consumer rights in a changing economic environment. It focuses on Consumer Protection Law No. 8 of 1999 and uses a legal research method to analyze how effective BPSK is at resolving disputes between consumers and businesses. The findings show that, while BPSK offers alternative dispute resolution methods like mediation and conciliation, it struggles with issues such as interference from the courts, lack of independence, and limited authority. The Indonesian Supreme Court often overturns BPSK's decisions, which lowers public trust in the agency. Additionally, BPSK's reactive approach to complaints and procedural delays limit its ability to actively protect consumer rights. This study suggests that structural reforms are needed to give BPSK more independence and power, including clearer rules for resolving disputes and the ability to impose penalties for violations. By addressing these challenges, Indonesia can strengthen BPSK's role in protecting consumer rights and ensuring fair business practices, leading to a better legal framework for consumer protection.