Research Article
Law Enforcement on Consumer Protection In Electronic Sale And Purchase Agreements
@INPROCEEDINGS{10.4108/eai.14-4-2021.2312418, author={Adhyaksono Bagus Pratomo}, title={Law Enforcement on Consumer Protection In Electronic Sale And Purchase Agreements}, proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLHR}, year={2021}, month={10}, keywords={consumer protection; virtual sales and purchase; default}, doi={10.4108/eai.14-4-2021.2312418} }- Adhyaksono Bagus Pratomo
Year: 2021
Law Enforcement on Consumer Protection In Electronic Sale And Purchase Agreements
ICLHR
EAI
DOI: 10.4108/eai.14-4-2021.2312418
Abstract
The enforcement of consumer protection laws is compulsory, because as the benchmark of national development, law is expected to increase community’s trust in the government in carrying out comprehensive reforms in various aspects. Electronic agreements on electronic media between sellers and buyers should be able to protect their rights. It is necessary to protect all parties involved in virtual business where sellers (business actor) and buyers (consumer) do not meet directly from default and a method must be designed to resolve disputes regarding virtual transactions. This normative juridical research analyzed secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The analysis was carried out using qualitative juridical analysis which results showed that the settlement of electronic agreement disputes can be carried out by the parties through civil lawsuits (litigation) and non-litigation or Alternative Dispute Resolution (APS) as mentioned in Article 39 paragraph (2) of the ITE Law, Article 65 Paragraph (5) Law No. 7/2014 and Article 72 Law No. 80/2019. Non-litigation dispute resolution is often taken by consumers by filing complaints to Non-Governmental Organization/YLK, Director General of Legal Protection and Trade Order Ministry of Religion. In practice, dispute resolution between business actors/Marketplace and consumers in electronic trading is more frequently resolved through BPSK by means of APS.
