PENGAWASAN BPSK TERHADAP PERJANJIAN BAKU

Abstract

The weak position held by consumers in the market for goods and services is stipulated in the detri- mental standard clauses in Law No. 8 of 1999 on Consumer Protection, which is, among others,thestandard clause stating the transfer of liability of business people (exoneration clause). Article 49 paragraph (1) determines the establishment of Consumer Dispute Settlement Board (CDSB).Article 52 of the Consumer Protection Law defines the duties of CDSB: providing consumer protection consultation,and supervising the inclusion of standard clauses. In practice, there are still many problems faced by consumers in asserting their rights regarding losses caused by the inclusion of standard clauses. The objective of this study isthe CDSB’s role in supervising the inclusion of standard clauses in Palembang. This study usesempirical juridical method withlegislativeapproach and case- study approach. The results of the study show that the purpose of setting up the CDSBisto protect consumers and business people by creating a consumer protection system containingthe elements of legal certainty and information transparency. The CDSBis passive and canonly take action if there is a consumer complaint or claim, and does not feel authorized to take action against the inclusion of prohibited standard clauses. In case of dispute, the CDSB canmerely ask business people to remove the prohibited clauses. The CDSB does not actively supervise standard clauses because the authority and procedures for the exercise ofauthority to supervise standard clausesare not further elaborated in the explanation or the implementation regulations.

Keywords: Consumer Dispute Settlement Board (CDSB), standard clauses, consumers