{"title":"印尼消费者保护法的修正与消费者法院的建立。","authors":"H Matnuh","doi":"10.1007/s10603-021-09487-z","DOIUrl":null,"url":null,"abstract":"<p><p>In 2001, Indonesia established the Consumer Dispute Resolution Body (CDRB) based on the instruction of the Consumer Protection Act (CPA) in 1999 to provide consumers protection in exercising their rights and to settle disputes quickly, simply, affordably, and professionally. Compared to the systems established by several countries that submit common law systems in which dispute-solving cases are terminated by the special courts called Small Claims Courts or Small Claims Tribunals, CDRB construction in Indonesia was quite vague. Although it uses arbitration terminology, the CDRB lacks an arbitration mechanism because, in practice, the body examines consumer disputes, working formally as a court. The root of this problem arose from the inconsistent regulation in the CPA. This article aims to review the CDRB construction problem compared to systems in other countries, to find recommendations for CPA amendments and discuss the future prospects. This study suggests two solutions: The first is the strict separation of litigation and non-litigation dispute resolution. The second is the formation of both online litigation and non-litigation systems. With these systems, the CDRB becomes a substitute institution, meaning that this body is the only system for small claim resolution for disputing parties.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"44 3","pages":"483-495"},"PeriodicalIF":1.4000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s10603-021-09487-z","citationCount":"2","resultStr":"{\"title\":\"Rectifying Consumer Protection Law and Establishing of a Consumer Court in Indonesia.\",\"authors\":\"H Matnuh\",\"doi\":\"10.1007/s10603-021-09487-z\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>In 2001, Indonesia established the Consumer Dispute Resolution Body (CDRB) based on the instruction of the Consumer Protection Act (CPA) in 1999 to provide consumers protection in exercising their rights and to settle disputes quickly, simply, affordably, and professionally. Compared to the systems established by several countries that submit common law systems in which dispute-solving cases are terminated by the special courts called Small Claims Courts or Small Claims Tribunals, CDRB construction in Indonesia was quite vague. Although it uses arbitration terminology, the CDRB lacks an arbitration mechanism because, in practice, the body examines consumer disputes, working formally as a court. The root of this problem arose from the inconsistent regulation in the CPA. This article aims to review the CDRB construction problem compared to systems in other countries, to find recommendations for CPA amendments and discuss the future prospects. This study suggests two solutions: The first is the strict separation of litigation and non-litigation dispute resolution. The second is the formation of both online litigation and non-litigation systems. With these systems, the CDRB becomes a substitute institution, meaning that this body is the only system for small claim resolution for disputing parties.</p>\",\"PeriodicalId\":47436,\"journal\":{\"name\":\"JOURNAL OF CONSUMER POLICY\",\"volume\":\"44 3\",\"pages\":\"483-495\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2021-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1007/s10603-021-09487-z\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"JOURNAL OF CONSUMER POLICY\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1007/s10603-021-09487-z\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"2021/4/5 0:00:00\",\"PubModel\":\"Epub\",\"JCR\":\"Q3\",\"JCRName\":\"BUSINESS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"JOURNAL OF CONSUMER POLICY","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s10603-021-09487-z","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2021/4/5 0:00:00","PubModel":"Epub","JCR":"Q3","JCRName":"BUSINESS","Score":null,"Total":0}
Rectifying Consumer Protection Law and Establishing of a Consumer Court in Indonesia.
In 2001, Indonesia established the Consumer Dispute Resolution Body (CDRB) based on the instruction of the Consumer Protection Act (CPA) in 1999 to provide consumers protection in exercising their rights and to settle disputes quickly, simply, affordably, and professionally. Compared to the systems established by several countries that submit common law systems in which dispute-solving cases are terminated by the special courts called Small Claims Courts or Small Claims Tribunals, CDRB construction in Indonesia was quite vague. Although it uses arbitration terminology, the CDRB lacks an arbitration mechanism because, in practice, the body examines consumer disputes, working formally as a court. The root of this problem arose from the inconsistent regulation in the CPA. This article aims to review the CDRB construction problem compared to systems in other countries, to find recommendations for CPA amendments and discuss the future prospects. This study suggests two solutions: The first is the strict separation of litigation and non-litigation dispute resolution. The second is the formation of both online litigation and non-litigation systems. With these systems, the CDRB becomes a substitute institution, meaning that this body is the only system for small claim resolution for disputing parties.
期刊介绍:
The Journal of Consumer Policy is a refereed, international journal which encompasses a broad range of issues concerned with consumer affairs. It looks at the consumer''s dependence on existing social and economic structures, helps to define the consumer''s interest, and discusses the ways in which consumer welfare can be fostered - or restrained - through actions and policies of consumers, industry, organizations, government, educational institutions, and the mass media.
The Journal of Consumer Policy publishes theoretical and empirical research on consumer and producer conduct, emphasizing the implications for consumers and increasing communication between the parties in the marketplace.
Articles cover consumer issues in law, economics, and behavioural sciences. Current areas of topical interest include the impact of new information technologies, the economics of information, the consequences of regulation or deregulation of markets, problems related to an increasing internationalization of trade and marketing practices, consumers in less affluent societies, the efficacy of economic cooperation, consumers and the environment, problems with products and services provided by the public sector, the setting of priorities by consumer organizations and agencies, gender issues, product safety and product liability, and the interaction between consumption and associated forms of behaviour such as work and leisure.
The Journal of Consumer Policy reports regularly on developments in legal policy with a bearing on consumer issues. It covers the integration of consumer law in the European Union and other transnational communities and analyzes trends in the application and implementation of consumer legislation through administrative agencies, courts, trade associations, and consumer organizations. It also considers the impact of consumer legislation on the supply side and discusses comparative legal approaches to issues of cons umer policy in different parts of the world.
The Journal of Consumer Policy informs readers about a broad array of consumer policy issues by publishing regularly both extended book reviews and brief, non-evaluative book notes on new publications in the field.
Officially cited as: J Consum Policy