Proceedings of the First International Conference on Technology Management and Tourism, ICTMT, 19 August, Kuala Lumpur, Malaysia

Research Article

Criminalization On Missing Returned Product Transaction In Tourism Industry Perspective

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  • @INPROCEEDINGS{10.4108/eai.19-8-2019.2293738,
        author={I Nyoman Putu Budiarta and Rathna Anggreany Nangi and I Nyoman  Sugiartha},
        title={Criminalization On Missing Returned Product Transaction  In Tourism Industry Perspective},
        proceedings={Proceedings of the First International Conference on Technology Management and Tourism, ICTMT, 19 August, Kuala Lumpur, Malaysia},
        publisher={EAI},
        proceedings_a={ICTMT},
        year={2020},
        month={5},
        keywords={criminalization e-commerce missing return product tourism},
        doi={10.4108/eai.19-8-2019.2293738}
    }
    
  • I Nyoman Putu Budiarta
    Rathna Anggreany Nangi
    I Nyoman Sugiartha
    Year: 2020
    Criminalization On Missing Returned Product Transaction In Tourism Industry Perspective
    ICTMT
    EAI
    DOI: 10.4108/eai.19-8-2019.2293738
I Nyoman Putu Budiarta1,*, Rathna Anggreany Nangi1, I Nyoman Sugiartha1
  • 1: Universitas Warmadewa, Denpasar
*Contact email: info@warmadewa.ac.id

Abstract

A new e-commerce is clearly and specifically regulated on March 11, 2014 by enacting Law Number 7 of 2014 concerning Trade. Previously, e-commerce rules only relied on Electronic Information and Transaction information or ITE Law and Civil Code in its implementation. But after Law No. 7 of 2014 concerning Trade is being ratified by the government, thus the principle of Lex specialis derogat legi applies to the law which regulates specifically regarding e-commerce. The data are analyzed by using inductive method. Inductive approaches are generally associated with qualitative research. The solution to the problem of missing return product has been in an effort to take a non-ligative solution to prevent a wider impact, especially in the world of tourism. But it is also possible to take the ligitation settlement, because law enforcement has a great influence, on the security situation and the state’s image in ensuring a sense of security for tourists and maintaining public trust in the tourism sector. Therefore, solving e-commerce problems should take non-ligitation methods, or Alternative Dispute Resolution, so as to maintain public trust, especially consumers. The state, in this case the government as the state organizer, should form a special institution that can carry mediation settlement if there are cases in E-Commerce transactions. This is important to maintain the image of state security, which has a big influence in the world of tourism.