Pembatalan Putusan Badan Penyelesaian Sengketa Konsumen No. 056/BPSK.Mdn dengan Mengajukan Keberatan ke Pengadilan Negeri Medan (Studi Putusan PN Medan No.931/Pdt.Sus-BPSK/2023/PN. Mdn)

Abstract

The Consumer Protection Act (UUPK) allows for the settlement of disputes through the Consumer Dispute Settlement Agency (BPSK) with decisions that are final and binding; however, objections may still be filed with the District Court. A case example, such as Decision Number 931/Pdt.Sus- BPSK/2023/PN Mdn between PT Property Group Imperium and Williem Wirawan, shows that business actors are often dissatisfied with BPSK decisions and subsequently file objections with the District Court. The research problems formulated in this thesis are as follows: How is the procedure for filing the annulment of a BPSK decision with the Medan District Court; What are the legal consequences of the annulment of a BPSK decision by the Medan District Court in Decision Number 931/Pdt.Sus-BPSK/2023/PN Mdn; and How is the analysis of the legal considerations and the decision of the Medan District Court judge in annulling a BPSK decision through the submission of an objection based on Decision Number 931/Pdt.Sus-BPSK/2023/PN Mdn. The method used in this research is a normative juridical research method employing a statutory approach. The data sources consist of secondary data in the form of primary and secondary legal materials. Data collection was carried out through library research and analyzed qualitatively using a deductive method to draw conclusions. fThe results of the research indicate that a BPSK decision may be annulled by the District Court within 30 (thirty) days from the date the application for annulment is received, if there are legal violations such as errors in the application of the law and the discovery of new evidence (novum). The annulment of an arbitral decision cannot be filed solely on the basis of dissatisfaction. In Decision No. 931/Pdt.Sus-BPSK/2023/PN Mdn, the court annulled the BPSK decision because it violated the principle of ne bis in idem, the claim suffered from formal defects, and BPSK lacked authority to examine a purely civil case. The annulment of an arbitral decision results in the loss of its legal force, and the arbitral decision is deemed never to have existed (nullified).