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Jesselyn Valerie Herman
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PERLINDUNGAN HUKUM PENGGUNA MARKETPLACE TERHADAP DUGAAN PELANGGARAN HAK PRIBADI YANG DILAKUKAN JASA PENGIRIMAN BERDASARKAN HUKUM POSITIF DI INDONESIA (Contoh Kasus Viral Transaksi Jual Beli “Cash On Delivery”) Jesselyn Valerie Herman; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17769

Abstract

Trading through the market has increased along with the times, especially during the COVID19 pandemic. The number of parties involved is due to the legal consequences of its own in its implementation in the field, especially shipping service companies that play an important role in the implementation of distributing goods to buyers. However, in practice, there are often complex problems between the courier and the buyer who are the end of online buying and selling transactions. In this study, two problems will be discussed, i.e. how is legal protection and who can be responsible for the alleged violation? considering that the delivery service is only for delivering goods and taking payments using the Cash On Delivery (COD) method. This study used normative legal research methods, secondary data types derived from library materials with qualitative descriptive data collection, followed by a statute approach and a case approach. Based on the results of the study, it shows that the innovations caused by the COD payment mechanism do not yet have protection for buyers and couriers because there are no guidelines that provide clear guidelines, especially in the procedures and limitations of taking photos as electronic evidence, resulting in not being able to overcome the problems faced by couriers in sending goods. with the COD system. Therefore, the government has an important role in supervising the rules issued unilaterally by electronic system operators in carrying out transactions through applications regulated in positive law in Indonesia. If there is a violation of the provisions of electronic evidence such as the distribution of expedition videos without the buyer's consent, then both the government and the organizers can give a warning and a strong legal basis so that the buyer can fight for his rights against the actions of the expedition courier as a delivery person.
PERLINDUNGAN HUKUM TRANSAKSI BISNIS INTERNASIONAL TERHADAP KONTRAK TRANSAKSI ELECTRONIC COMMERCE (E-COMMERCE) Anthony Willyus Wongkar; Endison Ravlindo; Jesselyn Valerie Herman; Jennyver Willyanto
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12032

Abstract

In this era of globalization, most people in the world are leaving conventional ways to electronic transactions. E-commerce is one of the electronic transactions that is very supportive in the field of economics, especially international business transactions. International business transaction is a study of private law which provides bigger opportunities to each party to make, agree on, and implement the clauses they make. With various technological advances, the world gives chances to international society to make connections between them. In line with this advantage, it is possible that there are deficiencies which will cause problems between those contract makers.  These problems could arise because of the differences between them, such as in terms of culture, legal perspective, and others. Therefore, the different countries' parties should understand about the contract they make and be concerned about the applicable law in the other’s country before making a certain contract. To prevent unwanted legal consequences, an understanding of clear legal protection is needed. The method of this research is a legal normative research with a statutory approach.