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All Journal Inicio Legis : Jurnal Hukum Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Mochamad Cholil
Unknown Affiliation
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan BPSK dalam Menjamin Prinsip Access To Justice Bagi Konsumen Ni Luh Novi Astawati; Mochamad Cholil
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 3 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i3.9600

Abstract

The Consumer Dispute Resolution Agency (BPSK) is a new institution established by the government as a fast and cost-effective solution to consumer disputes. However, its position in the Indonesian judicial system and its effectiveness in ensuring access to justice require review. This research will analyze: (1) the legal position of BPSK, and (2) the extent to which BPSK meets the principle of access to justice for consumers. To know the legal position of BPSK in the Indonesian judicial system and how BPSK contributes to ensuring access to justice for consumers in handling disputes with business actors. The type of research used by the author is legal research with two approaches, namely: (1) statute approach, (2) conceptual approach. Using sources of secondary legal materials obtained indirectly through intermediary media by combining primary and secondary legal materials. The collection techniques applied are bibliography study, and data analysis using prescriptive methods. The results of this research related to BPSK's position in the Indonesian judicial system are outside the judiciary or judicial because BPSK's decision is final and binding, but does not have executive power. The existence of BPSK has played an important role in overcoming the imbalance of legal positions between consumers and business actors, by applying three basic principles, namely accessibility, fairness, and overall effectiveness, which have fulfilled the principle of access to justice. However, the implementation is still facing various challenges of BPSK's unevenness in each region II of the city/district, and low consumer awareness.
The Evolution of Authority Regarding Applications for Name Changes and the Addition Surnames Mochamad Cholil
Inicio Legis Fakultas Hukum Universitas Trunojoyo Madura Vol 7, No 1 (2026): Juni
Publisher : Fakultas Hukum Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/il.v7i1.34561

Abstract

This research is motivated by a legal vacuum within the Indonesian legal system concerning name changes and the addition of clan names, which creates uncertainty regarding institutional authority and leads to divergent judicial practices. The objectives of this study are to analyze the competent institution for handling petitions for name changes and the addition of clan names, as well as to formulate an appropriate legal resolution mechanism. The research employs a normative legal method, utilizing a statutory approach, a case approach through the analysis of court determinations, and a historical approach. The findings reveal that the legal vacuum compels judges to engage in legal discovery by referring to obsolete regulations that have been revoked, resulting in inconsistent judicial reasoning; consequently, legal reform is required to establish the District Court as the competent authority, operating through a determination mechanism after hearing the considerations of the Public Prosecutor’s Office.
Co-Authors Ni Luh Novi Astawati