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Legalitas Penjual Bahan Bakar Minyak Eceran Mahulette, Muhammad Syamsudin; Akyuwen, Rory Jeff; Kuahaty, Sarah Selfina
KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v1i2.11504

Abstract

Due to the impact of the increase in fuel prices, many motor vehicle users buy more often from retailers because it is faster and there is no need to queue even though the prices tend to be more expensive. In Article 43 to Article 53 of Government Regulation Number 36 of 2004 concerning Downstream and Natural Gas Business Activities, it is clear that this Regulation only regulates business entities, this means that those who can carry out trading activities in fuel oil are business entities, but we have encountered many In reality, many retail fuel oil sellers are carried out by individuals who are not licensed business entities. The method used in this research is Normative Juridical and in this research it prioritizes primary legal materials, secondary legal materials and tertiary legal materials. And the problem approach used is a statutory approach and a conceptual approach, then the collection of legal materials used in this research uses literature study and analysis of legal materials uses qualitative analysis.The results of this research show that the validity of the sale and purchase agreement for fuel oil between the gas station and the retailer is invalid if the retailer is not a business entity and has a permit from the Investment and One-Stop Integrated Services Service because one of the valid conditions for the sale and purchase agreement is an analogous skill requirement. as the authorized party to carry out the sale and purchase of retail fuel oil, this results in an invalid sale and purchase in the eyes of the law because it does not fulfill all the legal requirements for a sale and purchase agreement in Article 1320 of the Civil Code. And the legal consequences resulting from buying and selling retail fuel oil for business actors who do not meet the requirements are administrative sanctions such as revocation of business permits and also criminal sanctions as regulated in Article 55 of Law Number 22 of 2001 concerning Oil and Natural Gas.
Tanggung Jawab Marketplace Terhadap Penjualan Barang Secara Online Pattipeilohy, Quentyn Priscilla; Akyuwen, Rory Jeff
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v3i1.22698

Abstract

Currently, there is a lot of use of the internet for commerce among the public which is a means of online buying and selling. It is regulated in the Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Government Regulation Number 8 of 2019 concerning Trading Through Electronic Systems. However, there are still many violations that are committed to the detriment of buyers and sellers. Based on this research, online marketplaces allow sellers and buyers to interact and carry out transactions online, facilitating the buying and selling process and increasing sales capabilities, but the parties involved in buying and selling on the marketplace do not comply with statutory regulations so it can be concluded that the actions that have been taken carried out by each party can cause losses to each party intentionally or unintentionally. The responsibility of the marketplace is to provide compensation and compensation for goods received that do not comply with the agreement.