Initiation Consumers Court Through Consumer Dispute Resolution Agency Reconstruction

Abstract

Based on article 49 paragraph 1 of law number 8 year 1999, the government forms the regional Consumer Dispute Resolution Agency in the level II (districts) to resolve disputes of consumers outside the court. However, related to the legitimacy, the authority and legal, the Consumer Dispute Resolution Agency event turns out to incur the juridical problem. There is an eliciting discourse about formatting the special court for consumers, through the Consumer Dispute Resolution Agency in the common judiciary field. Based on the juridical issue and the notion of the formation of the special court for consumers through the Consumer Dispute Resolution Agency become a special court for consumers, hence this research will analyze the urgency the formation of the special court for consumers and whether there is essential juridical chance for formatting the special court consumers in Indonesia. Methods used in this research is research normative focused to secondary data or material law. As for the approach that was used in this research is the approach the act and approach conceptual. Based on some research, the urgency the formation of court Indonesian consumer is supported by: 1) complexity dispute in the field of goods and services, 2) weakness juridical Consumer Dispute Resolution Agency in dispute resolution consumers,3) the absence of a term resolve disputes in state court, and 4) the lack of knowledge district court judge against the substance dispute consumers and 5) the completion of a lawsuit simple in shortcuts number 2 year 2015 cannot be performed. While the juridical chances or opportunities to reconstruct Consumer Dispute Resolution Agency to be a special court for consumers are: 1) the formation of dispute resolution the event quickly in decree no. 2 years 2015 about the RPJMN 2015-2019, 2) the regulating of special court in act no. 48 year 2009 on Judicial Power, 3) Judicial Mediationin PERMA No. 1 year 2008 on Mediation Procedure in court. Theoretically, it is possible to reconstruct a body of law if it raises the issue of the law or considered ineffective or outdated. Therefore, the Consumer Dispute Resolution Agency to be special court for consumers, not merely setting Consumer Dispute Resolution Agency weakness in Law No. 8 year 1999, butrely more than that to anticipate the needs of modern society on the settlement of consumer disputes quickly, simply and inexpensively to come.

Keywords: Consumer Dispute Resolution Agency, Consumer Court