VALIDITY OF PEACE DEEDS IN DISPUTES BETWEEN BUSINESS ACTORS AND CONSUMERS Desak Gde Dwi Arini, SH.M.HUM, Anak Agung Sagung Laksmi Dewi, SH.MH
Faculty of Law, Warmadewa University Denpasar
Abstract
Disputes between business actors and consumers are regulated in Law Number 8 of 1999 concerning Consumer protection, which stipulates that parties who will resolve consumer disputes can take litigation and non-litigation channels. The litigation channel is carried out through the general judiciary while the non-litigation route is through the Consumer Dispute Resolution Agency, utilizing mediation, conciliation, or arbitration. The formulation of the problem is how to resolve disputes between business actors and consumers, and how is the legal force of peace deeds in disputes between business actors and consumers. The research method uses normative legal research, with sources of primary legal material and secondary legal material. The results of the study obtained that dispute resolution between business actors and consumers is regulated in law Number 8 of 1999 concerning Consumer Protection. With priority arrangements in resolving consumer disputes, it is through non-litigation channels by seeking peace between the parties with the principle of a win-win solution so that good relations between business actors and consumers are maintained. In the dispute resolution process, business actors should always uphold ethics, especially in the transparency of related documents so that consumers do not need to take efforts that will damage the image of the business actors themselves. And the legal force of the peace deed in disputes made between business actors and consumers in the settlement of consumer disputes outside the court is juridically valid and has the same legal force as agreements in general, namely as a law for its makers under Article 1338 of the Civil Code. But it would be better if the peace deed was made in the form of an authentic deed with ratification through the court.
Keywords: Validity, Deed of Peace, Dispute, Business Actors, Consumers
Topic: Law on Resolution of Tourism Investment and Business Disputes
