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All Journal Jurnal Hukum Lex Generalis jle
Serlita Ruben Pendang
Universitas Pelita Harapan
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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The Doctrine of Unlawful Acts in E-Commerce Consumer Protection Serlita Ruben Pendang
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.354

Abstract

The development of digital technology has driven an increase in transactions through e-commerce platforms. However, this dynamic has also given rise to various violations of consumer rights, such as fraud, goods not as described, and misuse of personal data. This study aims to analyze the application of the doctrine of unlawful acts (PMH) in resolving disputes regarding consumer rights violations on e-commerce platforms. The method used is normative legal research with a statutory, conceptual, and case-based approach. The results show that the elements of PMH as stipulated in Article 1365 of the Civil Code can be applied to cases of consumer rights violations, whether committed by business actors or third parties. Furthermore, developments in jurisprudence have broadened the definition of PMH, allowing consumers to claim compensation not only when there is a violation of the law, but also when business actors act contrary to the principles of propriety, morality, and good faith. Thus, the PMH doctrine can be an important instrument in consumer protection in the digital era, although more stringent specific regulations regarding e-commerce are still needed.
Analisis Tindak Kejahatan Siber berdasarkan UndangUndang ITE pada Putusan 616/Pid.Sus/2023/PN Jakarta Selatan Ashila Raisya Khaliza; Christabel Daniella Suhendra; Naomi Inly; Russel Dante; Serlita Ruben Pendang; Valence Deanthony Dior
Jurnal Hukum Lex Generalis Vol 7 No 7 (2026): Tema Hukum Pidana
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i7.3494

Abstract

A case involving a public figure in Decision Number 616/Pid.Sus/2023/PN Jakarta Selatan serves as an example of law enforcement against cybercrime in Indonesia. This study aims to analyze the distribution of obscene electronic content based on the Law on Electronic Information and Transactions. The method used is normative legal research with statutory and case approaches. The analysis focuses on the elements of criminal acts, characteristics of cybercrime, and electronic evidence. The results show that such acts fulfill the elements of a criminal offense under the ITE Law and highlight the importance of legal protection for victims in the digital era.
Co-Authors Ashila Raisya Khaliza Christabel Daniella Suhendra Naomi Inly Russel Dante Valence Deanthony Dior