Implementation of the Principle of Good Faith in Online Buying in Connection with the Case of Buying and Selling Fashion Products Beteng Trade Center (BTC) Surakarta
Journal: International Journal of Arts and Social Science (Vol.5, No. 5)Publication Date: 2022-05-30
Authors : Sri Ahyani Eva Noviana;
Page : 08-86
Keywords : Good Faith Online Sales and Purchase Agreement;
Abstract
Online buying and selling agreements in Indonesia are very vulnerable to occur because in the implementation of online buying and selling, the parties do not meet directly (face to face) but only through online media, it is possible for problems related to the principle of bad faith to cancel. unilateral transactions to consumers. One of the cases related to the application of the principle of good faith in the online sale and purchase agreement, namely in the wholesale and retail shopping center for fashion products Beteng Trade Center (BTC) Surakarta, namely there are several traders in BTC who have not implemented the principle of good faith optimally because they have not fully met the requirements. indicators in exchanging information. Therefore, it is interesting to analyze the implementation of the principle of good faith in online buying and selling related to the case of buying and selling fashion products at the Beteng Trade Center (BTC) Surakarta and the settlement of legal consequences of violating the principle of good faith in the online sale and purchase agreement in the case of BTC Surakarta Fashion Products.The specifications of this research are descriptive, the type of research is normative juridical, the method of approaching the law. Data collection techniques through document studies, as well as analysis carried out in a qualitative normative manner.Based on the results of the analysis, it is concluded that the implementation of the principle of good faith in online buying and selling is associated with the case of buying and selling Fashion Beteng Trade Center (BTC) Surakarta products based on the benchmark indicator of an agreement that always begins with an offer between traders and buyers, and there are words "agreed", namely offers made by traders through internet media such as BBM, WA, Instagram, and Facebook received acceptance from prospective buyers in the form of information regarding names, addresses, contact numbers, and items ordered. The settlement of the legal consequences of violating the principle of good faith in the online sale and purchase agreement in the case of BTC Surakarta Fashion Products, which can result in prosecution of parties who have bad intentions not only in a civil manner but can also be brought into the realm of criminal law. The process of resolving disputes related to violations of the principle of good faith can be through the general court environment (litigation) or through non-litigation or outside the court. If online business actors do not have good faith in the online agreement, they can be punished according to the provisions of Article 62 of the Consumer Protection Actand aggravated by the provisions of Article 45 paragraph (2) of the ITE Law.
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