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Analisis Yuridis dan Peran Lembaga Terhadap Klausula Baku dalam Kontrak E-Commerce di Indonesia Muksalmina Muksalmina; Devi Triana; Adelia Septiola Lubis; Aril Fansuri; Muammar Muammar
Jurnal Ilmu Hukum Reusam Vol 14 No 1 (2026): REUSAM: Jurnal Ilmu Hukum - Mei 2026
Publisher : LPPM Universitas Malikussaleh

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Abstract

This research focuses on examining the legal and normative aspects of the standard clause regulations and institutions that play a role in legal protection in e-commerce services in Indonesia, such as the Ministry of Communication and Information, BPSK, BPKN, and LPKSM. Using a statutory approach and a conceptual approach to comprehensively analyze legal issues. The principle of balance demands equality of position between the parties in the agreement, both in the implementation of rights and obligations. However, in reality, equality between the rights and obligations of the parties in the terms of e-commerce services has not been achieved, as seen from the aspects of the formulation and implementation of the agreement which still tend to be one-sided. Consumers have a weak position because in e-commerce agreements generally take the form of electronic contracts (click-wrap agreements), where consumer flexibility is limited to the option of "agree" or "disagree". Therefore, the guarantee of legal protection is a crucial aspect. So, in this case consumers are protected by Law No. 8 of 1999 on Consumer Protection (UUPK), Law No. 11 of 2008 as amended by Law No. 1 of 2024 on Information and Electronic Transactions (ITE Law), Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems (PMSE), and also Government Regulation No. 71 of 2019 on Implementation of Electronic Systems and Transactions (PP PSTE).