Importance of Consumer Protection

Oct 13, 2025 by talynt.org 126 views

Authority of Medan BPSK in Examining Consumer Disputes after the Establishment of an Alternative Institution to Resolve the Financial Services Sector Dispute based on POJK No. 61/07/2020

Introduction

The Financial Services Authority Regulation (POJK) No. 61/POJK.07/2020 concerning Alternative Institutions for Dispute Resolution (LAPS) of the Financial Services Sector is a significant refinement of POJK No. 1/POJK.07/2014. This regulation aims to realize a more effective and efficient laps in the financial services sector, as well as responding to the development of technology, products, and financial services that are increasingly complex and diverse. However, the existence of laps-SJK is often questioned as a form of lex specialis from the Consumer Dispute Settlement Agency (BPSK) in handling special disputes between Financial Services Business Actors (PUJK) and consumers of the Financial Services Sector.

Background

The Consumer Dispute Settlement Agency (BPSK) has been established to provide protection to consumers in the financial services sector. BPSK has a general authority related to the resolution of consumer disputes related to goods and/or services. However, the financial services sector laps determined by the OJK can only resolve disputes in the particular financial services sector. This raises questions about the authority of BPSK in resolving disputes in the financial services sector after the issuance of POJK No. 61/07/2020.

Methodology

This study uses a normative juridical approach. The data used is secondary data collected through library research techniques. All data are analyzed by qualitative data analysis methods. The research aims to explore the role of the Financial Services Authority (OJK) in providing protection to consumers in the financial services sector, legal certainty in resolving consumer disputes in the financial services sector by BPSK, and regarding the authority of BPSK in resolving disputes in the financial services sector after POJK issuance No. 61/07/2020.

Results

The results showed that BPSK no longer had the authority to resolve disputes in the financial services sector after the issuance of POJK No. 61/07/2020. This is because BPSK which is formulated in the Consumer Protection Act (UUPK) has a general authority related to the resolution of consumer disputes related to goods and/or services, while the financial services sector laps determined by the OJK can only resolve disputes in the particular financial services sector.

Further Explanation

POJK No. 61/07/2020 explicitly regulates the formation of special laps for the financial services sector. This laps have different structures and dispute resolution mechanisms from BPSK. The POJK No. 61/07/2020 is a special rule (lex specialis) that dominates the general rule (UUPK) in terms of dispute resolution in the financial services sector.

Implications

The implications of this study are:

Consumers who experience disputes with PUJK must resolve them through Laps that have been determined by OJK.
BPSK no longer has the authority to resolve disputes in the financial services sector.

Importance of Consumer Protection

The issuance of POJK No. 61/07/2020 shows OJK's commitment in increasing consumer protection in the financial services sector. Laps-SJK is expected to provide easier, faster, and fair access for consumers in resolving disputes with PUJK.

Conclusion

In conclusion, the authority of BPSK in examining consumer disputes after the establishment of an alternative institution to resolve the financial services sector dispute based on POJK No. 61/07/2020 is limited. BPSK no longer has the authority to resolve disputes in the financial services sector, and consumers must resolve their disputes through Laps that have been determined by OJK.

Recommendations

Based on the findings of this study, the following recommendations are made:

The OJK should continue to provide protection to consumers in the financial services sector through the establishment of Laps-SJK.
BPSK should focus on resolving consumer disputes in other sectors, such as non-financial goods and services.
The government should review and revise the Consumer Protection Act (UUPK) to ensure that it is consistent with the POJK No. 61/07/2020.

Resource

POJK No. 61/POJK.07/2020 concerning Alternative Institutions for Dispute Settlement (LAPS) Financial Services Sector: [Link to the official OJK website] (https://www.ojk.go.id/id/kanal/perangan/pojk/pages /POJK-NO-61-YEAR-2020.aspx)
Law Number 8 of 1999 concerning Consumer Protection: [Link to the official website of the Ministry of Law and Human Rights] (https://jdih.kemenkumham.go.id/produk_hukum/uu/1999/8/1999-08-09/Law-number-8-year-1999-about-protection-consumer)
Q&A: Authority of Medan BPSK in Examining Consumer Disputes after the Establishment of an Alternative Institution to Resolve the Financial Services Sector Dispute based on POJK No. 61/07/2020

Q: What is the role of the Financial Services Authority (OJK) in providing protection to consumers in the financial services sector?

A: The OJK plays a crucial role in providing protection to consumers in the financial services sector through the establishment of Alternative Institutions for Dispute Resolution (LAPS) of the Financial Services Sector, as regulated by POJK No. 61/POJK.07/2020.

Q: What is the difference between BPSK and LAPS-SJK?

A: BPSK is a general institution that has the authority to resolve consumer disputes related to goods and/or services, while LAPS-SJK is a special institution that has the authority to resolve disputes in the financial services sector.

Q: What is the implication of POJK No. 61/07/2020 on the authority of BPSK?

A: POJK No. 61/07/2020 limits the authority of BPSK in resolving disputes in the financial services sector. BPSK no longer has the authority to resolve disputes in the financial services sector, and consumers must resolve their disputes through LAPS that have been determined by OJK.

Q: What are the benefits of LAPS-SJK for consumers?

A: LAPS-SJK is expected to provide easier, faster, and fair access for consumers in resolving disputes with PUJK. LAPS-SJK is also expected to provide a more efficient and effective dispute resolution process.

Q: What are the implications of this study for BPSK?

A: This study implies that BPSK should focus on resolving consumer disputes in other sectors, such as non-financial goods and services. BPSK should also review and revise its procedures to ensure that they are consistent with the POJK No. 61/07/2020.

Q: What are the recommendations of this study for the government?

A: This study recommends that the government should review and revise the Consumer Protection Act (UUPK) to ensure that it is consistent with the POJK No. 61/07/2020. The government should also continue to provide protection to consumers in the financial services sector through the establishment of LAPS-SJK.

Q: What are the implications of this study for the financial services sector?

A: This study implies that the financial services sector should continue to develop and improve its dispute resolution mechanisms to ensure that they are fair, efficient, and effective. The financial services sector should also continue to provide protection to consumers through the establishment of LAPS-SJK.

Q: What are the limitations of this study?

A: This study has several limitations, including the use of secondary data and the focus on the authority of BPSK in examining consumer disputes. Future studies should aim to address these limitations and provide a more comprehensive understanding of the authority of BPSK in examining consumer disputes.

Q: What are the future research directions for this study?

A: Future research directions for this study include:

Conducting a comparative study of the authority of BPSK in examining consumer disputes in different sectors.
Examining the impact of POJK No. 61/07/2020 on the authority of BPSK in examining consumer disputes.
Developing a model for the authority of BPSK in examining consumer disputes.

Resource

POJK No. 61/POJK.07/2020 concerning Alternative Institutions for Dispute Settlement (LAPS) Financial Services Sector: [Link to the official OJK website] (https://www.ojk.go.id/id/kanal/perangan/pojk/pages /POJK-NO-61-YEAR-2020.aspx)
Law Number 8 of 1999 concerning Consumer Protection: [Link to the official website of the Ministry of Law and Human Rights] (https://jdih.kemenkumham.go.id/produk_hukum/uu/1999/8/1999-08-09/Law-number-8-year-1999-about-protection-consumer)