LEGAL STANDING LEMBAGA PERLINDUNGAN KONSUMEN NASIONAL INDONESIA PADA GUGATAN UTANG-PIUTANG (Tinjauan Yuridis Terhadap Putusan Pengadilan Negeri Kepanjen Nomor : 62/ Pdt.G/ 2013/ PN.KPJ)

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TitleLEGAL STANDING LEMBAGA PERLINDUNGAN KONSUMEN NASIONAL INDONESIA PADA GUGATAN UTANG-PIUTANG (Tinjauan Yuridis Terhadap Putusan Pengadilan Negeri Kepanjen Nomor : 62/ Pdt.G/ 2013/ PN.KPJ)
Publication TypeThesis
Year of Publication2015
AuthorsPRIAMBODO, RIZKY
Academic Departmentfakultas hukum unsoed
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

Legal standing is the right to sue that granted by law to the nongovernmental organizations engaged in particular that do not directly become a
victim to file a claim rights. Legal standing consumer protection materially
regulated in Article 46 paragraph (1) letter c of Law No. 8 of 1999 about
Consumer Protection.
The purpose of this study is to determine how the judge constitute the
legal standing Indonesian National Consumer Protection Agency has no legal
capacity as a plaintiff in the lawsuit of debts, is it appropriate or whether there are
still shortages in verdict No. 62 / Pdt.G / 2013 / PN.KPJ. Because Legal standing
may be held if it meets the requirements that listed in Article 46 paragraph (1)
letter c of Law No. 8 of 1999 about Protection.
Judge use the Indonesian Supreme Court Regulation No. 1 of 2002 about
Class Action Event in substance took a preliminary investigation to examine the
legal capacity of Indonesian National Consumer Protection Agency. In the
preliminary examination of the Indonesian National Consumer Protection Agency
submitted documentary evidence to meet the requirements as an institution which
has a legal standing, it is evident that the absence of documentary evidence which
explains the Indonesian National Consumer Protection Agency as a legal entity. It
became the basis of the judges to declare the lawsuit can not be accepted.
These study results indicate that to have legal standing consumer
protection agency must meet the following requirements:
1. Form of legal entity or foundation ;
2. In the articles of association stated clearly that the purpose of its
establishment is in the interests of consumer protection ;
3. It has been carrying out those activities in accordance with its articles of
association.
In addition to these three conditions, the legal standing that have legal capacity to
file a lawsuit aimed at the public interest or for the sake of the dignity of people
with a petition that requested is cessation of activity, apology, money forced
(dwangsom), not compensation.

 

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