OPTIMIZING THE SUPERVISORY ROLE OF THE CONSUMER DISPUTE SETTLEMENT AGENCY IN E-COMMERCE TRANSACTIONS CONCERNING CONSUMER LOSSES

Haezer Josua Tio Marpaung, . (2025) OPTIMIZING THE SUPERVISORY ROLE OF THE CONSUMER DISPUTE SETTLEMENT AGENCY IN E-COMMERCE TRANSACTIONS CONCERNING CONSUMER LOSSES. Journal of Mathematics Instruction, Social Research and Opinion, 4 (4). pp. 1405-1420. ISSN 2962-7842

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Abstract

The rapid development of digital technology has shifted the conventional trading paradigm into e-commerce transactions, which, despite offering efficiency, are highly prone to causing complex disputes between consumers and business actors. To address these potential losses, Law Number 8 of 1999 concerning Consumer Protection mandates the establishment of the Consumer Disputes Settlement Body (BPSK) as an institution tasked with supervising and resolving disputesoutside the court to ensure legal certainty. This research employs a juridical-empirical method, drawing onstatutory and conceptual approaches. The results indicate that optimizing BPSK's role as a supervisor faces significant structural obstacles due to the centralization of authority at the provincial level following the enactment of the Local Government Law, as well as the absence of technical guidelines for standard clause supervision, which leads tooverlapping functions with trade agencies. In the specific context of e-commerce, BPSK's supervision tends to be reactive on the downstream side, acting only after complaints arelodged, while upstream electronic system supervision remains under the Ministry of Trade's control. Regarding the restoration of rights, BPSK has proven effective in adjudicating measurable material damages, such as refunds or product replacements, through conciliation, mediation, or arbitration. However, BPSK has significant limitations in addressing immaterial losses due to the difficulty of measuring psychological damage parameters and the weak executory power of its decisions, which often fail whenchallenged in district court, making the effectiveness of consumer protection currently highly dependent on active consumer participation and voluntary business compliance.

Item Type:	Article
Additional Information:	[No. Panggil : 2210611385] [Pembimbing : Aurora Jillena Meilala] [Penguji 1 : Heru Sugiyono] [Penguji 2 : Satino]
Uncontrolled Keywords:	BPSK; Consumer Protection; E-Commerce; Supervision; Compensation.
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	HAEZER JOSUA TIO MARPAUNG
Date Deposited:	16 Mar 2026 07:09
Last Modified:	16 Mar 2026 07:09
URI:	http://repository.upnvj.ac.id/id/eprint/49539

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