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The Konstruksi Pertanggungjawaban Hukum Platform E-Commerce terhadap Pelanggaran Data Pribadi Konsumen dalam Perspektif Hukum Perlindungan Konsumen di Indonesia Alwi Attamimi; Hanung Widjangkoro
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 4 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i4.8492

Abstract

The growth of the digital economy has driven increased use of digital platforms within the e-commerce ecosystem, which relies on the large-scale processing of consumers’ personal data. This situation gives rise to various risks of personal data breaches that impact consumers’ rights to privacy, security, and legal protection. The enactment of Law No. 27 of 2022 on Personal Data Protection serves as a crucial foundation for regulating personal data protection in Indonesia; however, the legal framework regarding the liability of digital platforms for violations of consumers’ personal data still leaves various normative and implementation-related issues unresolved. This study aims to analyze the legal status of digital platforms as Electronic System Operators and Personal Data Controllers, examine the forms of legal liability that can be imposed for violations of consumer personal data, and formulate a reconstruction of legal liability based on consumer protection and digital justice. The study employs a normative legal method using a statutory approach, a conceptual approach, and a case-based approach. Legal materials were collected through a literature review of relevant laws and regulations, court decisions, legal doctrines, legal textbooks, and scholarly articles. The research findings indicate that digital platforms hold a dual legal status as Electronic System Operators and Personal Data Controllers, which gives rise to administrative, civil, and criminal liabilities. The current liability system does not yet fully provide effective protection for consumers due to the continued dominance of the fault-based liability approach and the heavy burden of proof. This study offers an innovative solution in the form of a Consumer Data Protection Liability Model that integrates the principles of strict liability, reversal of the burden of proof, mandatory compensation for victims, and institutional strengthening of oversight as an effort to achieve legal certainty, consumer protection, and digital justice within Indonesia’s digital economy ecosystem.
Rekonstruksi Tanggung Jawab Hukum Marketplace dalam Perlindungan Konsumen dan Pengembangan Online Dispute Resolution pada Transaksi Digital di Indonesia Muhamad Rif’at; Hanung Widjangkoro
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 4 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i4.8493

Abstract

The development of e-commerce has driven the growth of marketplaces as the primary vehicle for digital transactions in Indonesia; however, it has also led to an increase in consumer disputes that has not yet been addressed by regulations governing platform liability or effective dispute resolution mechanisms. This study aims to analyze the legal status of marketplaces within the e-commerce ecosystem, reconstruct the legal liability of marketplaces for consumer losses, and formulate an Online Dispute Resolution (ODR)-based dispute resolution model as an instrument for digital consumer protection. The study employs a normative legal method using legislative, conceptual, and case-based approaches. Legal data collection was conducted through a literature review of relevant laws and regulations, court decisions, books, and scholarly articles. The research findings indicate that marketplaces can no longer be positioned as passive intermediary platforms but rather as responsible digital platforms bearing legal liability under the Consumer Protection Act, the Electronic Information and Transactions Act, Government Regulation No. 71 of 2019, and the Personal Data Protection Act. This study also found ambiguities in the norms regarding the limits of marketplace liability as well as the ineffectiveness of conventional dispute resolution mechanisms. The novelty of this research lies in the formulation of the Integrated Consumer Online Dispute Resolution System (IC-ODRS) concept, which integrates marketplaces, the BPSK, and regulators to resolve digital consumer disputes quickly, simply, and at low cost, thereby ensuring legal certainty and fair consumer protection.
Rekonstruksi Tanggung Jawab Platform E-Commerce dalam Penyelesaian Sengketa Konsumen Akibat Ketidaksesuaian Barang Berbasis Prinsip Keadilan Proporsional Saiful Hadi; Hanung Widjangkoro
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 4 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i4.8494

Abstract

The growth of e-commerce has transformed the legal relationships between consumers, businesses, and e-commerce platforms, while also increasing the potential for disputes arising from discrepancies between the goods received by consumers and what was ordered. This issue is significant because current Indonesian regulations do not provide clarity regarding the scope and nature of e-commerce platforms’ liability in resolving consumer disputes. This study aims to analyze the current regulatory framework governing the liability of e-commerce platforms, identify the legal issues that arise, and reconstruct a model of platform liability based on the principle of proportional justice. This study employs a normative legal method using a statutory approach, a conceptual approach, and a case-based approach. Legal data collection was conducted through a literature review of relevant laws and regulations, court decisions, books, and scholarly articles. The research findings indicate that the regulation of e-commerce platform liability remains partial, contains unclear norms and regulatory inconsistencies, and has not yet provided balanced legal protection for the parties involved. This study proposes the concept of the Balanced Dispute Resolution System (BDRS) as a legal reconstruction model that allocates liability proportionally among platforms, businesses, and consumers based on the principles of proportional liability, digital accountability, and consumer restorative protection. These findings contribute to the development of legal liability theory in tripartite digital legal relationships and provide recommendations for the formulation of specific regulations regarding the liability of e-commerce platforms to achieve legal certainty and fair consumer protection