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Legal Protection for Consumers Against Buying and Selling Goods Transactions Through Online Shops Aditya Migi Prematura
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.1726

Abstract

The development of technology in the era of industrial revolution 4.0 is very rapid. These developments triggered developments in all sectors, one of the most affected by the industrial revolution 4.0 was the trade sector. In the current era of 4.0, trade has begun to develop from conventional trading that is trading through physical markets or more often we are familiar with supermarkets, malls, mini markets, and so forth to trade through online markets or more commonly known as E-Commerce. This is a fresh wind for consumers because with the switch of trade through E-commerce, a myriad of conveniences offered by the E-commerce. The conveniences include that consumer do not need to leave the house to buy an item, or in other words a trade transaction can be done anywhere without having to spend special time to travel to a store or shopping center. Not only positive things and conveniences caused by this development, but a myriad of problems that nowadays often occur in online buying and selling activities. Starting from goods that do not match the description or information provided by businesses to the delay of goods that have been promised by businesses, to other problems that essentially harm the consumer.
Consumer Protection Against Standard Clauses in Business Transactions Through E-Commerce Aditya Migi Prematura; Suryani Suryani; Agung Aditya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2709

Abstract

Standard agreements or standard agreements aim to provide convenience or practicality for the parties in conducting transactions, especially in the business sector. Problems will arise when consumers in electronic business transactions face standard agreement formulas in which many standard clauses require consumers to agree. In practice, currently, no e-commerce platform does not use standard agreement formats and clauses in transactions with consumers. This form of the agreement positions the consumer as a party that has no bargaining power, so whatever the contents of the standard agreement are, inevitably must be agreed upon, even though basically the consumer knows that the contents of the agreement are burdensome to him. The problem under study is how is the legal protection of consumers involved in standard agreements with the exoneration clause in a business transaction through electronic media (e-commerce). The research method used is a normative legal research method with a statute approach, a conceptual approach, and the views of experts related to the problem. The results of the study show that standard contracts containing exoneration clauses have legal consequences for consumers, namely the responsibility that should be borne by business actors becomes the responsibility of consumers. The Consumer Protection Law requires business actors to immediately adjust the standard contracts used with the provisions of the law, but in practice, this is difficult to do.