LEGAL PROTECTION OF CONSUMERS IN DIGITAL TRANSACTIONS

Main Article Content

HULMAN PANJAITAN, NINDYO PRAMONO

Abstract

Digital transactions or also known as e-commerce transactions are already a demand and necessity. It has brought several advantages for consumers in conducting transactions because it makes it easier and has penetrated the boundaries of space and time. Even though it must be recognized that there are negative impacts in the form of legal problems that are often detrimental to the rights and interests of consumers, such as goods that are sent late or not sent at all, hidden defects in the goods sent, and errors in the delivery of goods, for which several legal institutions are needed to protect the rights and interests of consumers who are harmed. From the perspective of civil law, it is necessary to question the validity of electronic contracts made in the form of standard clauses which form the basis of the legal relationship between consumers and business actors in digital transactions. Through secondary data in the form of primary and secondary legal materials, it can be seen that Law No. 8 of 1999 concerning Consumer Protection, Law No. 11 of 2008 concerning Electronic Information and Transactions, and the Civil Code can be used as legal institutions to protect consumers from legal problems they experience. From the perspective of civil law, electronic contracts as the basis for legal relations between consumers and business actors made in the form of standard clauses, are valid according to the law following Article 1338 of the Civil Code in conjunction with Article 1320 of the Civil Code. Its enforcement is of course limited by Article 1337 of the Civil Code and Article 18 of Law No. 8 of 1999.

Article Details

Section
Public Law
Author Biography

HULMAN PANJAITAN, NINDYO PRAMONO

Hulman Panjaitan 1, Nindyo Pramono 2

Faculty of Law, Universitas Kristen Indonesia, Indonesia 1

Professor of the Faculty of Law, Universitas Gajah Mada, Indonesia 2

References

Abdul Halim Barkatullah, Legal Protection for Consumers in Cross-Border E-Commerce Transactions in Indonesia, Dissertation Summary, Doctoral Program in Law, Universitas Islam Indonesia, Yogyakarta, 2006, page 3.

Abdul Halim Barkatullah and Teguh Prasetyo, E-Commerce Business; A Study of Security and Legal Systems in Indonesia, Pustaka Pelajar, Yogyakarta, 2005, page vii.

Indonesia, Law on Electronic Information and Transactions, Law No. 11 of 2008, State Gazette of the Republic of Indonesia of 2008 Number 58, Supplement to State Gazette of the Republic of Indonesia Number 4843, Article 1 point 2 jo Indonesia, Government Regulation on the Implementation of Electronic Systems and Transactions, State Gazette of the Republic of Indonesia of 2008 Number 189, Supplement to State Gazette of the Republic of Indonesia Number 5348, Article 1 point 2.

Cindy Aulia Khotimah and Jeumpa Crisan Chairunnisa, Legal Protection for Consumers in E- Commerce Transactions, Business Law Review: Volumen One, page 15.

Atif Latifulhayat, Personal Data Protection in Electronic Commerce (e-commerce), in Abdul Halim Barkatullah, Dissertation Summary, op. Cit, page 6.

Andrew Bethlen, A Critical Review of Consumer Protection in E-Commerce, Paper, delivered on September 28, 2022 at FH-UKI Jakarta.

Hulman Panjaitan, Consumer Protection Law, Repositioning and Institutional Strengthening of the Consumer Dispute Resolution Body in Providing Protection and Ensuring Balance with Business Actors, Jala Permata Aksara, Jakarta, 2021, page 76.

Onno W. Purbo and Aang Arif Wahyudi, Getting to Know E-Commerce, Elex Media Komputindo, Jakarta, 2001, pages 1-2.

Tami Rusli, The Evidentiary Power of Digital Siganture in Electronic Commerce, Pranata Hukum, Volume 2 Number 1, January 2007, page 19.

Niniek Suparmi, Cyberspace Legal Problems and Anticipated Regulations, Fortum Mandiri Karya, Jakarta, 2001, page 33.

Farizal F. Kamal, Cyber Business, Elex Media Komputindo, Jakarta, 1999, page 1.

Indonesia, Law on Electronic Information and Transactions, Law No. 11 of 2008, op. cit, Article 1 number 17.

Article 1338 of the Civil Code stipulates "All agreements made legally, apply as laws for those who make them".

A cause is prohibited if it is contrary to law, public order and good morals.

Andrew Bethlen, op.cit, page 17.

Ibid, page 16.

Hulman Panjaitan, Consumer Protection Under Law No. 8 of 1999, Honeste Vivere Law Journal, Volume XII, December 2000, page 260.