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All Journal TOFEDU: The Future of Education Journal YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan
Ali Imran
STITNU Sakinah Dharmasraya
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Legal Disputes in Business Law Practice in Indonesia Laila Diana; Devi Putri Meilani; Marsya Benita; Ama Safina; Arizal Arizal; Ali Imran; Astri Ivo; Adi Fitra Andikos
The Future of Education Journal Vol 4 No 7 (2025): Continued
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v4i7.963

Abstract

Commercial law in Indonesia is an essential instrument to ensure certainty and fairness in economic activities. However, in practice, legal disputes often arise due to contractual default, breach of agreement, bankruptcy, and unfair business competition. This study aims to analyze the causes of legal disputes in the practice of commercial law in Indonesia and the mechanisms for their resolution. The research method employed is a normative juridical approach by analyzing legislation, legal doctrines, and court decisions. The findings indicate that although litigation and non-litigation mechanisms are available, the effectiveness of dispute resolution is still influenced by the integrity of legal enforcers, the quality of contracts, and the legal awareness of business actors. Therefore, commercial law reform and the strengthening of dispute resolution institutions are necessary to create a healthy business climate.
Tinjauan Yuridis terhadap Wanprestasi dalam Perjanjian Jual Beli Online melalui Platform Shopee berdasarkan Kitab Undang-Undang Hukum Perdata Laila Diana; Susi Puspita Sari; Devi Putri Melani; Marsya Benita; Ama Safina; Ali Imran
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 4 No. 3 (2026): September
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v4i3.2787

Abstract

The development of information technology has significantly changed the pattern of buying and selling transactions in society. One form of electronic commerce that is widely used is transactions through the Shopee platform. The convenience of conducting online transactions cannot be separated from various legal problems, one of which is default by one of the parties to a sales agreement. Default may occur when the seller fails to deliver goods according to the agreement, the goods received by the buyer do not correspond to the order, or one of the parties fails to perform its obligations as agreed. This research aims to analyze the forms of default in online sales agreements through the Shopee platform and the legal consequences arising under the Indonesian Civil Code. This research uses normative juridical methods with a statutory and conceptual approach. Data were obtained through literature studies of legislation, legal books, and scientific journals related to contract law and electronic transactions. The results show that breach of contract in Shopee transactions may take the form of failure to deliver goods, discrepancies between the goods received and the order, damaged goods, and failure to fulfill payment obligations. The legal relationship between the parties is based on Articles 1320, 1338, and 1457 of the Indonesian Civil Code, while the legal consequences include fulfillment of the agreement, cancellation, and/or compensation under Articles 1243 and 1267. Buyer protection is supported by the Consumer Protection Law and dispute resolution mechanisms available in electronic transactions.
Co-Authors Ama Safina Andikos, Adi Fitra Arizal Arizal Astri Ivo Devi Putri Meilani Devi Putri Melani Laila Diana Marsya Benita Susi Puspita Sari