Karya Ilmiah

DISERTASI (286) - Prinsip Mediasi Sengketa Konsumen Dalam Mediasi Terintegrasi di Pengadilan

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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.
Key Words: Principle, Mediation, Consumer, Disputes.

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Ketersediaan

031217017327

286

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

286

Penerbit

Surabaya : Fakultas Hukum Unair., 2019

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

MEDIASI

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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