The Implementation of the Principles of Evidence of Evidence in the Consumer Dispute Settlement to Make Justice Just

DOI

10.2991/icglow-19.2019.11How to use a DOI?

Keywords

Inverse Proof, Consumer Protection, Consumer Disputes

Abstract

According to Article 45 of Law Number 8 of 1999 concerning Consumer Protection, the settlement of consumer disputes can be carried out outside the court and in the court. Out-of-court dispute resolution is carried out by the Dispute Settlement Agency (BPSK). Settlement of consumer disputes in court is carried out with individual lawsuits, group lawsuits and non-governmental organizations. Settlement of consumer disputes falls within the realm of civil procedural law. According to Article 163 HIR / 283 RBG that the one who must prove it is whoever postulates something he must prove it. According to Article 19 Paragraph (5) the Consumer Protection Act states that a business actor is exempt from the responsibility of damage if it can be proven that the error is a consumer's fault, so the business actor sued by the consumer must prove that he is innocent (reversing the burden of proof). The principle of reversal of the burden of proof is adhered to by Law Number 8 of 1999 concerning Consumer Protection because consumers do not know the ingredients, the production process and the terms of distribution carried out by business actors.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - D. Edi Wibowo
AU  - Adi Sulistiyono
AU  - Lego Karjoko
PY  - 2019/10
DA  - 2019/10
TI  - The Implementation of the Principles of Evidence of Evidence in the Consumer Dispute Settlement to  Make Justice Just
BT  - Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)
PB  - Atlantis Press
SP  - 45
EP  - 47
SN  - 2352-5398
UR  - https://doi.org/10.2991/icglow-19.2019.11
DO  - 10.2991/icglow-19.2019.11
ID  - Wibowo2019/10
ER  -