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Ensuring Fair Business Practices and Consumer Rights: The Role and Impact of Indonesia's Consumer Dispute Settlement Agency Harjono, Dhaniswara K.; Panjaitan, Hulman; Soerjadjanegara, Moermahadi; Susanto, Hendra; Kamal, Abu Hena Mostofa; Suwarno, Suwarno
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.1.259-271

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.
Beyond the Basics: Examining the Consequences of Substandard Law Textbooks in Legal Education in Developing Countries Kamal, Abu Hena Mostofa; Md. Nor, Mohd Zakhiri; Abu Taher, Mohammad; Chowdhury, Mohammad Abdul Matin
Lex Publica Vol. 11 No. 1 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.1.2024.240

Abstract

Law graduates play a critical role in shaping the legal system and ensuring justice. To provide them with the necessary knowledge and skills, it is essential to have proper educational resources, especially qualitative law textbooks. This article evaluates the need for qualitative law textbooks for proper education of law graduates in law schools by taking Bangladesh as a case study and critically assesses the impact of the lack of quality textbooks on law students. The study shows that qualitative law textbooks are essential for students to develop a comprehensive understanding of the legal system, its principles, and the interpretation of laws. Lack of quality textbooks has a detrimental impact on law students in Bangladesh, hindering their research and academic progress and affecting the quality of legal education. This article argues that it is imperative to ensure the availability of qualitative law textbooks to provide the necessary educational resources for law students in Bangladesh. The study highlights the significance of qualitative law textbooks in legal education and calls for necessary measures to address the issue of insufficient textbook quality to improve legal education in Bangladesh.
Legal Horizons in Global Commerce: Sovereign Dynamics, State-Owned Enterprises, and Dispute Resolution Approaches in International Law Widiarty, Wiwik Sri; Kamal, Abu Hena Mostofa
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.35512

Abstract

This research explores the legal standing of a country as a distinct entity in international trade law, endowed with sovereign authority to regulate the inflow and outflow of goods and services across its borders. Emphasizing the multifaceted role of a country as a regulatory entity within the realm of international trade, this study specifically delves into its position as a buyer. The investigation centers on elucidating the dispute resolution mechanisms available to a country acting in the capacity of a buyer. As an autonomous legal subject in the sphere of international trade, a country possesses the inherent right to oversee and control the movement of goods and services, a prerogative that extends to its role as a buyer in commercial transactions. Notably, the research unveils that a country can function as a buyer through state-owned enterprises (SOEs), which bear the responsibility of reporting their trade activities to the Council for Trade in Goods. This process is instrumental in upholding the principles of non-discrimination and ensuring transparency in trade practices. Consequently, the trade relations between SOEs and individual traders can be characterized as contractual agreements, affording the application of principles such as freedom of contract. This includes the autonomy to select applicable laws and opt for specific forums for dispute resolution, underscoring the nuanced legal dynamics inherent in the interactions between countries and individual traders in the international trade landscape.