Claim Missing Document
Check
Articles

Found 3 Documents
Search
Journal : Leges Privatae

Responsibility of E-Commerce Platforms to Consumers for illegal Products in Indonesia Ariy khaerudin; Olyvia Rosalia; Firayani; Abu Sahman Nasim
Leges Privatae Vol. 1 No. 5 (2025): FEBRUARY-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ebwg8t95

Abstract

The expansion of e-commerce in Indonesia has significantly transformed digital transactions, offering unparalleled convenience while simultaneously giving rise to pressing legal concerns regarding the distribution of unauthorized goods. Items such as unregulated pharmaceuticals, harmful beauty products, and counterfeit merchandise are increasingly prevalent on online marketplaces, endangering consumer safety. This research adopts a normative juridical framework, incorporating legislative, theoretical, and case-study approaches to examine the extent of liability e-commerce platforms bear in facilitating the trade of illegal products. Under Indonesia’s Consumer Protection Law, Trade Law, and the Electronic Information and Transactions (ITE) Law, these platforms are expected to regulate and oversee transactions, yet in practice, accountability predominantly falls on individual vendors. The principles of strict liability and vicarious liability provide a legal basis for evaluating platform responsibility in such cases. Findings suggest that enforcement mechanisms remain insufficient, allowing gaps in regulatory oversight. To address this, robust policies must be introduced, including stringent verification protocols for sellers and products, alongside stronger governmental supervision of digital commerce. Strengthening these regulatory frameworks will not only enhance consumer rights but also curtail the proliferation of illegal goods across e-commerce platforms, ensuring a safer and more accountable online marketplace.
Juridical review of Consumer Dispute Resolution in Online Marketplace Transactions Hanuring Ayu; Lahmuddin Zuhri; Olyvia Rosalia; Firayani
Leges Privatae Vol. 1 No. 5 (2025): FEBRUARY-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/vp5msa90

Abstract

The development of digital technology has driven the growth of online transactions through marketplace platforms, providing convenience for consumers in shopping. However, as electronic transactions increase, various disputes have arisen between consumers and business actors, such as mismatched products, delayed deliveries, and fraud. This study aims to examine the consumer dispute resolution mechanisms in marketplace transactions from a legal perspective, assess the effectiveness of existing regulations, and identify the challenges faced in their implementation. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that existing regulations, such as the Consumer Protection Law and the Electronic Information and Transactions Law (ITE Law), have not been fully effective in providing legal certainty for consumers. Differences in dispute resolution mechanisms across marketplaces and low consumer legal literacy are the main obstacles in protecting consumer rights. Therefore, it is necessary to strengthen regulations, ensure transparency in dispute resolution procedures, and improve consumer education to optimize the consumer protection system in electronic transactions.
Revision of Civil Law: Challenges and Opportunities in The Modernization of The Legal System Abu Sahman Nasim; Olyvia Rosalia
Leges Privatae Vol. 1 No. 6 (2025): APRIL-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/838t2g49

Abstract

The revision of the Indonesian Civil Code, inherited from Dutch colonial law, has become an urgent necessity in responding to the dynamic development of society, economy, and technology. This normative legal research aims to analyze the fundamental challenges faced in the process of revising the Civil Code, as well as the strategic opportunities that can be utilized to modernize the legal system. Through a normative-juridical approach supported by literature studies, legal documents, and comparative law analysis, this study identifies key weaknesses in the current Civil Code, such as outdated norms, lack of digital regulation, and inadequate protection for contemporary civil relations. The research also reveals the potential benefits of integrating digital law, simplifying legal procedures, recognizing local customary laws, and embedding the principle of justice to enhance legal relevance and responsiveness. The findings of this study offer theoretical and practical recommendations for stakeholders involved in legal reform efforts, emphasizing that modernizing civil law must be grounded in Indonesia's socio-cultural context while embracing global legal developments.