Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

The Authority of the Consumer Dispute Settlement Agency in Supervising the Inclusion of Standard Clauses

Haerani (Unknown)
Zain, Irma Istahara (Unknown)



Article Info

Publish Date
28 Jun 2025

Abstract

The Consumer Dispute Settlement Agency is essential in regulating standard clauses in consumer contracts and adjudicating conflicts between consumers and businesses. This paper analyses BPSK's jurisdiction, efficacy, and obstacles in overseeing standard clauses, which are frequently formulated unilaterally by commercial entities and may prejudice consumers. This study employs a normative legal research methodology alongside Socio-Legal Research to examine the legislative framework regulating BPSK and the practical difficulties encountered in overseeing unfair standard clauses. Research reveals that BPSK encounters substantial challenges, such as inadequate resources, minimal consumer knowledge, ineffective enforcement mechanisms, and the intricacies of digital transactions. The agency is devoid of the authority to enforce direct sanctions, depending instead on mediation, conciliation, and arbitration. Consequently, numerous enterprises persist in incorporating inequitable clauses in contracts without encountering significant repercussions, thereby diminishing the overall efficacy of consumer protection initiatives. Moreover, the proliferation of e-commerce and digital transactions introduces new issues, as typical provisions in online agreements frequently exhibit complexity and lack transparency, thereby complicating customer scrutiny.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...