The Principle of Justice in Listening To the Evidence in Consumer Dispute through Arbitration in Indonesia
Journal Title: Saudi Journal of Humanities and Social Sciences - Year 2018, Vol 3, Issue 8
Abstract
Abstract:The realization of the principle of justice in proving the settlement of consumer disputes through arbitration in Indonesia is important, with three reasons, namely first, there is a weakness of the consumer protection law because the formulation of substantial norms and formal law is contrary to other laws so that the formulation is not in the framework national legal system and difficult to be harmonized. Second, the legal norms for consumer dispute settlement with an inverse proof burden system have created injustice for consumers and producers and open up opportunities for other parties to manipulate adverse evidence. Third, no matter how well the consumer dispute resolution process, does not guarantee that justice is achieved unless the judge (arbitrator) is right and correctly divides the burden of proof and provides an assessment of the strength of the evidence submitted by the disputing party. Discussion of the problem of proof, using the normative legal research method that refers to norms and legal principles in the legislation or court decisions. This discussion is explorative on thought, concrete legal norms in the Indonesian consumer protection law and is prescriptive to offer the concept of problem solving of the problems presented. The conclusion of the discussion is that the consumer arbitration verification system in Indonesia is a model that comes from the presumption of liability principle with a reverse proof burden. The realization of justice in this system cannot be harmonized so that it needs to be adjusted to the principle of justice that is universally adhered to and the principle of justice characterized by the legal personality of the Indonesian nation, namely Pancasila justice. Keywords: Principles of Justice, Verification System, Consumer Disputes, Arbitration.
Authors and Affiliations
Azwir Agus, Tan Kamelo
Keywords
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