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Journal : International Journal of Social Service and Research

Empowerment of The Consumer Dispute Settlement Agency (Bpsk) as Legal Protection For Consumers in Indonesia Simanjuntak, Ade Hasiana; Harjono, Dhaniswara K.; Pieris, John; Panjaitan, Hulman; Betlehn, Andrew
International Journal of Social Service and Research Vol. 5 No. 9 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i9.1311

Abstract

The imbalanced position of consumers compared to business actors has led to the potential for disputes between consumers and businesses, known as consumer disputes. These disputes arise when consumers demand compensation for damages, pollution, and losses incurred from consuming goods or utilizing services. According to Law Number 8 of 1999 concerning Consumer Protection, a consumer dispute can be resolved either through the Court or out of Court. Resolving consumer disputes outside of Court is the absolute competence of the Consumer Dispute Resolution Agency. (BPSK). Normatively, the presence of BPSK provides many benefits to consumers; however, in practice, this is not the case, and in many instances, it often fails to provide legal protection to consumers. This includes issues related to the distribution of BPSK, which is not easily accessible to consumers as it is not available in all districts/cities. There are several contradictory regulations in its management, including human resource constraints, that, in many ways, need an understanding of the legal aspects of dispute resolution, especially regarding its position as a quasi-judicial body. Therefore, as a form of legal protection for consumers, BPSK must be empowered in various aspects.
Resolution of Music and Song Copyright Disputes Through Arbitration in Providing Legal Protection for Owners Simanjuntak, Edison; Harjono, Dhaniswara K.; Pieris, John; Panjaitan, Hulman; Bethlen, Andrew
International Journal of Social Service and Research Vol. 5 No. 9 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i9.1314

Abstract

The Resolution of Music and Song Copyright Disputes Through Arbitration in Providing Legal Protection for Owners in Indonesia is traditionally managed by the Commercial Court, which is often criticized for being slow, costly, and inefficient, thereby failing to offer optimal legal protection for creators. This situation highlights the need for alternative dispute resolution methods. This study analyzes the challenges of resolving copyright disputes through the Commercial Court and examines arbitration as a faster, more effective alternative for protecting music and song creators' rights in Indonesia. Using a normative legal research approach with legislative and conceptual methods, the research involved literature studies of primary and secondary legal materials. Data were analyzed qualitatively through descriptive analysis and deductive reasoning to assess legal synchronization, case studies, and a comparison between litigation and arbitration. Findings show that Commercial Court processes take 160 to 250 days on average, entail high costs, and involve complex bureaucracy, often resulting in inadequate protection for creators. In contrast, arbitration, especially through the Intellectual Property Arbitration and Mediation Agency (BAM HKI), provides a faster resolution (typically 90–180 days) and is conducted by intellectual property specialists, though its rulings require district court enforcement. The study concludes that arbitration is a viable and strategic alternative to litigation for music copyright disputes. It recommends raising awareness and encouraging the use of BAM HKI among creators and policymakers to improve accessible, efficient, and specialized legal protection, thereby strengthening Indonesia’s intellectual property landscape.