Bambang Sugeng Ariadi Subagyono
Fakultas Hukum Universitas Airlangga

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Journal : Yuridika

PENYELESAIAN SENGKETA KONSUMEN MELALUI GUGATAN KELOMPOK Bambang Sugeng Ariadi Subagyono
Yuridika Vol. 25 No. 2 (2010): Volume 25 Nomor 2 Mei 2010
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.081 KB) | DOI: 10.20473/ydk.v25i2.251

Abstract

A group of consumers who suffered losses from the use or the use of the product, whether goods or services may lawsuit Class Action, taking into account some with principles in the context of the submission and examination. Inspection mechanism should be adjusted in accordance with the provisions contained in the entire Supreme Court Rules No. 1 of 2002 on Class Action Procedures.
KAJIAN PENERAPAN ASAS ULTRA PETITA PADA PETITUM EX AEQUO ET BONO Bambang Sugeng Ariadi Subagyono; Johan Wahyudi; Razky Akbar
Yuridika Vol. 29 No. 1 (2014): Volume 29 No 1 Januari 2014
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (114.562 KB) | DOI: 10.20473/ydk.v29i1.360

Abstract

In judicial practice, that more than likely a lawsuit granted by the court , it often demands the principal ( the primary petition ) is accompanied by replacement demand ( petitum subsidiary ). The contents of the demands it usually reads : " ex aequo et bono " or " please take decisions based on fairness and propriety " . The goal is not to be denied that the primary demand is still possible granting of a lawsuit based on the freedom of judges and justice , in a decision handed down by the judge . Independence of judges in adjudicating the petition accompanied lawsuit subsidiary limited by a principle , namely that : a. Judge shall adjudicate all claims section ( vide Article 178 paragraph ( 2 ) and Article 189 paragraph HIR ( 2 ) Rbg ). b. Judge barred verdict on the case is not prosecuted or granted more than required ( vide Article 178 ( 3 ) HIR and Article 189 ( 3 ) Rbg ). This principle is sometimes called the principle of ultra petita the judge's decision, that in the application raises a particular problem when judges have ruled on the petition relating to the subsidiary, then the research we are doing to provide additional insight for all those who want to understand about the application of the principle in the imposition of ultra petita subsidiary petition or petition of ex aequo et bono.
PEMBATASAN UPAYA HUKUM PERKARA PERDATA GUNA MEWUJUDKAN ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN Bambang Sugeng Ariadi S; Johan Wahyudi; Razky Akbar
Yuridika Vol. 30 No. 1 (2015): Volume 30 No 1 Januari 2015
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (314.967 KB) | DOI: 10.20473/ydk.v30i1.4875

Abstract

The most important thing for any regulation judicial principle is simple, fast and low cost is to reduce the accumulation of cases in the Supreme Court. That is because, line with the increasing increasing number of incoming cases, and also that successfully terminated in the District Court and Court of Appeal, then the incoming number of decisions in the Supreme Court also increased and began to be a serious problem. In this regard, People's Consultative Assembly (MPR) seriously consider this and responded by provisions, that is TAP MPR No. VIII/MPR/2000 about of the Annual Report of State High Institutions at the Annual Session of the People's Consultative Assembly of the Republic of Indonesia in 2000 which one substance recommend that the Supreme Court immediately resolve pending lawsuits by increasing the number and quality of decisions and that the Supreme Court makes the rules o restrict the entry of cassation cases. Following up on the existence of the MPR decrees, he Supreme Court has issued several provisions n order to limit legal action in order to realize judicial principle is simple, fast and low cost, either in the form of the Supreme Court Rules (Perma) nor Supreme Court Circular Letter (Sema). This article is useful for know and understand how much has been the implementation judicial principle is simple, fast and low cost, in order to reduce the buildup of civil cases. 
Enforcement of Consumer Rights Through Dispute Settlement Resolution Agency to Improve the Consumer Satisfaction Index In Indonesia Bambang Sugeng Ariadi Subagyono; Zahry Vandawati Chumaida; Mochamad Kevin Romadhona
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.34943

Abstract

Legal protection of consumer rights in essence is the role of the government to protect the interests of consumers in the framework of trade. Violation of consumer protection norms can only be enforced if business actors are willing to voluntarily fulfill consumer demands for the fulfillment of consumer rights that have been violated by business actors. However, if the business actor is not willing to carry it out voluntarily, while the consumer assumes that the business actor concerned has violated the consumer protection norms stipulated by the UUPK and is detrimental to the consumer, then the enforcement of the consumer protection norms can only be prosecuted through a dispute specified resolution process in the UUPK. The purpose of establishing the Consumer Dispute Settlement Agency (BPSK) is to protect consumers and business actors by creating a consumer protection system that contains elements of legal certainty and information disclosure. This study is to analyze the implementation of consumer rights enforcement through the Consumer Dispute Resolution Board in order to increase the consumer satisfaction index, as well as to analyze the obstacles and barriers to consumer rights enforcement through the Consumer Dispute Resolution Board.