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Journal : Law and Economics

Legal protection of consumers against e-commerce digital transactions review of state authority in guaranteeing citizens' constitutional rights Anderson, Kevin; Cornelis, Vieta Imelda; Marwiyah, Siti; Astutik, Sri
Law and Economics Vol. 19 No. 2 (2025): June: Law and Economics
Publisher : Institute for Law and Economics Studies

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Abstract

The rapid development of information and communication technology has transformed the trade sector through the emergence of digital transactions. In this context, there has been a shift in the relationship between businesses and consumers, giving rise to new challenges in consumer rights protection. The complexity and intensity of digital transactions open up opportunities for exploitative practices that harm consumers as the more vulnerable party. The main issue examined in this paper is how the state, from a constitutional law perspective, exercises its authority to ensure legal protection for consumers in digital transactions as part of fulfilling the constitutional rights of citizens. This study employs a normative legal method with a qualitative analytical approach, through literature review and grammatical and systematic legal interpretation. The results indicate that consumer protection in digital transactions is an integral part of the principles of the rule of law and human rights protection as stipulated in Article 28D paragraph (1) of the 1945 Constitution. The state is obligated to actively implement adaptive regulations, strong oversight, and consumer education to create a fair, safe, and sustainable digital trade ecosystem in accordance with the values of social justice and humanity as enshrined in Pancasila.
Resolving Business Disputes between Micro Small Medium Enterprises with Consumers Through Mediation Walujo, Christian Rico; Soekorini, Noenik; Astutik, Sri; Cornelis, Vieta Imelda
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v19i3.223

Abstract

The aim of this research is to analyze the legal relationship between traders and Micro, Small and Medium Enterprises (MSME) consumers who are in dispute and explore how to resolve MSME business disputes through mediation. This normative juridical research uses a statutory regulatory approach and a conceptual approach. The legal materials used consist of primary law, namely the Civil Code (KUHPer), the Civil Procedure Code (KUHAPer), and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Secondary Law  consists of literature research related to the problem and Tertiary Law consists. The results of this research are that the legal relationship between the parties in an MSME business dispute can be in the form of a sale and purchase agreement, work contract, or compensation agreement between traders, consumers and the causes of MSME business disputes are negligence of contract agreements, negligence of business actors, product quality standards, late delivery, market competition, environmental issues, labor conflicts, changes in government regulations, internal company conflicts, cultural and language differences between regions and also economic turmoil. For MSMEs, mediation is always the main choice for business actors in resolving business disputes because it is simple, fast, low cost and satisfies all parties