The Minister of Trade just revised the regulation on appointing and discharging members and secretariat of the Consumer Dispute Settlement Board (BPSK) - a special non-court dispute settlement body established in each regency and city throughout the country - by issuing Regulation No. 13/M-DAG/PER/3/2010. According to the regulation’s preamble, the regulation is meant to “to increase efforts to handle and settle consumer disputes through [the BPSK].” However, the revision is unclear as to which parts of the previous framework have been modified or added to serve that effect.
The issues addressed in both this regulation (and its predecessor) include: BPSK member appointment procedures, requirements to be a candidate for BPSK membership, and timeframes for member appointment and replacement.
The collective BPSK term of service is 5 years; the membership is thus periodically replaced. For the appointment process of the new Board, a selection committee is established by either the regent or mayor: they select the finest candidates, and forward the list to the Minister of Trade for appointment. The selection process involves verification of requirements and documents, an interview process, and a ‘fit and proper test,’ which is detailed in Article 9 (4) (b) of the regulation.
Administrative requirements for the candidates include a statement that the prospective member is not involved in a political party, and the most recent promotion letter if the prospective member is employed by a state agency. BPSK membership consists of representatives from the state, consumers, and businesses, which is also taken into consideration.
As for appointing a BPSK replacement member: on the basis of the list of candidates prepared earlier by the selection committee for the BPSK secretariat, regents and / or mayors must recommend the replacement to the Minister of Trade, who will have 30 working days to appoint the replacement or make an alternative decision. Under the previous regulation, no timeframe was provided, creating uncertainties for all parties - including the prospective substitute.
As for discharge: the head of the BPSK must recommend a discharge to the Minister of Trade, explaining the reason for discharge. Apart from violation of the law, the reasons for recommending a discharge are essentially the same as the voluntary reasons that can be provided if a member decides to resign, including: chronic illness, inability to perform required tasks, and death.
This regulation repeals and replaces Minister of Trade Decision No. 301/ MPP/Kep/10/2001, and has been in force since 17 March 2010.
The Minister of Trade just revised the regulation on appointing and discharging members and secretariat of the Consumer Dispute Settlement Board (BPSK) - a special non-court dispute settlement body established in each regency and city throughout the country - by issuing Regulation No. 13/M-DAG/PER/3/2010. According to the regulation’s preamble, the regulation is meant to “to increase efforts to handle and settle consumer disputes through [the BPSK].” However, the revision is unclear as to which parts of the previous framework have been modified or added to serve that effect.
The issues addressed in both this regulation (and its predecessor) include: BPSK member appointment procedures, requirements to be a candidate for BPSK membership, and timeframes for member appointment and replacement.
The collective BPSK term of service is 5 years; the membership is thus periodically replaced. For the appointment process of the new Board, a selection committee is established by either the regent or mayor: they select the finest candidates, and forward the list to the Minister of Trade for appointment. The selection process involves verification of requirements and documents, an interview process, and a ‘fit and proper test,’ which is detailed in Article 9 (4) (b) of the regulation.
Administrative requirements for the candidates include a statement that the prospective member is not involved in a political party, and the most recent promotion letter if the prospective member is employed by a state agency. BPSK membership consists of representatives from the state, consumers, and businesses, which is also taken into consideration.
As for appointing a BPSK replacement member: on the basis of the list of candidates prepared earlier by the selection committee for the BPSK secretariat, regents and / or mayors must recommend the replacement to the Minister of Trade, who will have 30 working days to appoint the replacement or make an alternative decision. Under the previous regulation, no timeframe was provided, creating uncertainties for all parties - including the prospective substitute.
As for discharge: the head of the BPSK must recommend a discharge to the Minister of Trade, explaining the reason for discharge. Apart from violation of the law, the reasons for recommending a discharge are essentially the same as the voluntary reasons that can be provided if a member decides to resign, including: chronic illness, inability to perform required tasks, and death.
This regulation repeals and replaces Minister of Trade Decision No. 301/ MPP/Kep/10/2001, and has been in force since 17 March 2010.
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