Efektifitas Penyelesaian Sengketa Konsumen Melalui Proses di Luar Pengadilan (Melalui Jalur Mediasi)

Abstract

A civil dispute in an agreement is a case that arises from an agreement that has been previously agreed upon by the parties. An agreement that starts from negotiation to produce an agreement that is written on a trading contract. The current condition shows that dispute resolution in court is no longer the main choice because it is considered not effective and efficient enough. The choice of dispute resolution through an arbitration institution is considered to provide its own advantages over going through a national court. And the neglect of consumer rights can invite losses that lead to consumer disputes. So the purpose of this main discussion is how the process of resolving consumer disputes based on UUPK and the process of resolving disputes through mediation channels. The research method is normative law, and obtains data by using secondary data based on legal provisions and periodic legal developments. The choice of dispute resolution through the UUPK can be resolved through court (litigation) and out-of-court (non-litigation) channels. And it has been explained in Article 48 of the UUPK that "the litigation path can be taken through filing a lawsuit through the court, looking at the provisions regarding the applicable general court". "Arbitration and Alternative Dispute Resolution" is "a civil dispute resolution institution that can be resolved through a procedure agreed upon by the parties, namely an out-of-court settlement through consultation, negotiation, mediation, conciliation or expert judgment". Then arbitration is a dispute resolution out of court based on an arbitration agreement as well. Mediation is a method of resolving disputes that has a main scope such as a private/civil law area. Mediation is "a settlement through the assistance of a third party, but the role of the mediator is only to bridge the parties without giving an opinion on dispute resolution".

Analysis of The Efficiency of Mediation Methods in Handling Conflicts

“…Consumer dispute resolution through mediation offers an effective approach to address disputes between consumers and service providers or manufacturers more quickly and efficiently than conventional legal processes. In practice, there are various forms of consumer dispute mediation (Triana, 2019;Kusnadi & Marpaung, 2022). Private mediation involves an agreement between the consumer and the service provider or manufacturer to engage in a mediation meeting outside of court, with the option to choose their own mediator or use an independently approved mediator.…”

Tanggung Jawab Perusahaan Ekspedisi Atas Kerusakan Dalam Pengiriman Barang (Studi Kasus Shopee Express)

“…32 Namun begitu, dalam litigasi tetap dilakukan mediasi guna menyelesaikan sengketa dengan cara damai terlebih dahulu, jika tidak mencapai kesepakatan, maka penggugat dapat mengajukan gugatan ke panitera "pengadilan negeri" yang nanti panitera akan memberikan hasil mediasi keoada ketua pengadilan, kemudian ketua pengadilan memilih hakim untuk mengadili perkara tersebut. 33 Hakim akan memutuskan sengketa yang terjadi dan diputuskan melalui jalur litigasi. Sistem ini tidak dapat mencapai solusi yang menguntungkan kedua belah pihak (win -win solution).…”