RECONSTRUCTION OF LEGAL PROTECTION ARRANGEMENTS FOR CONSUMERS IN E-COMMERCE TRANSACTIONS BASED ON JUSTICE VALUE
Journal: International Journal of Advanced Research (Vol.8, No. 3)Publication Date: 2020-03-17
Authors : Ukie Tukinah Teguh Prasetyo; Anis Mashdurohatun;
Page : 478-485
Keywords : Reconstruction E-Commerce Dignified Justice Value;
Abstract
For developing countries like Indonesia, Transactions in the form of sales of goods through the internet / E-Commerce media are vulnerable to violations of consumer rights even though this type of transaction has great potential if properly developed. Based on this the authors make research with the main issue of what are the weaknesses of the legal protection arrangements for consumers in E-Commerce transactions in Indonesia today and how the reconstruction of legal protection arrangements for consumers in E-Commerce transactions based on the value of justice with dignity. The research methods used are: (1) using a constructive theory paradigm, (2) the type of qualitative research. (3) socio-legal research approach method. The results of the study showed the weakness in the protection of e-commerce transactions is UUPK no. 8 of 1999 has been unable to accommodate the rapid development of technology, especially E-Commerce related to consumer protection. This happened because the Personal Data Protection Act was not immediately enacted as a regulation. At the same time, consumer personal data is used in a number of digital applications due to the large number of complaint channels for the public, especially e-commerce consumers. For example, BPKN only acts as a recipient of complaints. For the settlement process, the authorized institution is the Consumer Dispute Settlement Agency (BPSK). This is compounded by problems in the ITE Law where information on electronic contract terms allows even leading to unbalanced standard contracts (b) information on the terms of electronic contracts is difficult to access and (c) information on electronic contract conditions is incomplete and unclear. In addition there is still a consumer culture that is very consumptive as well as an interaction model based solely on mercy. Therefore, it is necessary to reconstruct the formulation of Article 7 letter b of the Consumer Protection Act and Article 9 and article 13 paragraph (3) of ITE Law NO. 11 of 2008 so that the weak position of consumers in electronic commerce, can be balanced with the strong position of business actors through the terms of the contract information both in the ITE Law and the Consumer Protection Act.
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Last modified: 2020-04-03 18:58:53