The Implementation of the Principles of Evidence in the Consumer Dispute Settlement

摘要

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.