PRINSIP MEDIASI SENGKETA KONSUMEN DALAM MEDIASI TERINTEGRASI DI PENGADILAN Repository

PRINSIP MEDIASI SENGKETA KONSUMEN DALAM MEDIASI TERINTEGRASI DI PENGADILAN

Bambang Sugeng (2019) PRINSIP MEDIASI SENGKETA KONSUMEN DALAM MEDIASI TERINTEGRASI DI PENGADILAN. Disertasi thesis, Universitas Airlangga.

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Official URL: http://lib.unair.ac.id

Abstract

This dissertation is entitled "Principles of Consumer Dispute Mediation in Integrated Mediation in Court" which raise and examine legal issues, namely characteristics of consumer dispute resolution through mediation and implementation of the principle of consumer dispute mediation in integrated mediation in court. This type of research is a legal research, that is, a process to find the rule of law, legal principles, and legal doctrines, addressing the legal issues at hand. While the approach used is: The statute approach, while the approach used is: statute approach, conceptual approach, case approach, comparative approach. The results showed that: The mediation dispute resolution mechanism at BPSK, which is regulated in Law number 8 of 1999 concerning Consumer Protection and Decree of the Minister of Industry and Trade number 350 / MPP / Kep / 12/2001 concerning the Implementation of the Duties and Authorities of the Consumer Dispute Resolution Board, can be said to be in accordance with 5 (five) basic principles of mediation known as the five basic mediation philosophy, namely: Voluntary, Neutrality, confidentiality, Empowerment, a unique solution. The implementation of integrated mediation in court has not yet fully applied the provisions in Supreme Court regulation number 1 of 2016 and Supreme Court decision number 108 / KMA / SK / VI / 2016 (Appendix V), which provides guidelines for conduct for a mediator to: be responsible for the parties, obligations of the Mediator, maintain the confidentiality of the process, avoid conflicts of interest, and the performance of the mediation process, has not been carried out properly, so that it can emulate the mediation model of consumer dispute resolution in BPSK, which is in accordance with 5 (five) basic principles of mediation known as the five basic mediation philosophies.

Item Type:

Thesis (Disertasi)

Additional Information:

KKB KK Dis H 42/19 Bam p

Uncontrolled Keywords:

Principle, Mediation, Consumer, Disputes.

Subjects:

H Social Sciences > HG Finance > HG1-9999 Finance > HG3691-3769 Credit. Debt. Loans

Divisions:

09. Sekolah Pasca Sarjana > Ilmu Hukum

Creators: