Bestuur
Vol 13, No 2 (2025): Bestuur

Beyond the Courtroom: Reforming Consumer Dispute Resolution Policies in Indonesia

Prastyanti, Rina Arum (Unknown)
Nugrahaningsih, Widi (Unknown)
Panchalingam, Lahveenya (Unknown)



Article Info

Publish Date
30 Dec 2025

Abstract

This study analyses the effectiveness of the Consumer Dispute Settlement Agency (Badan Penyelesaian Sengketa Konsumen or BPSK) in Indonesia and formulates a legal reconstruction of consumer dispute resolution through comparative learning from Malaysia. The study highlights structural, normative, and operational constraints affecting BPSK. These issues worsen due to inflexible regulatory frameworks and weak institutional coordination, particularly in the protection of digital consumers. The research employs a qualitative empirical method with a comparative legal approach between Indonesia and Malaysia, complemented by qualitative descriptive analysis. The study indicates that BPSK has not functioned optimally in providing consumer protection due to limitations in its authority, the absence of direct executorial force of its decisions, and the breadth of its functions without adequate enforcement mechanisms. In contrast, the Malaysian Consumer Claims Tribunal, established under the Consumer Protection Act 1999, issues decisions that are final and binding, thereby providing a higher degree of legal certainty. Legal reconstruction is therefore proposed through the strengthening of regulatory provisions within the Consumer Protection Act, particularly Articles 45, 49, 52, 54, and 56, to enhance the effectiveness of consumer protection in Indonesia.

Copyrights © 2025






Journal Info

Abbrev

bestuur

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Description

The focus of BESTUUR is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Administrative Law. BESTUUR aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of BESTUUR interested in topics ...