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All Journal Unes Law Review Jurnal Hukum dan Pendidikan Kewarganegaraan
Matara, Opa Jermias
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Perlindungan Hukum Bagi Pihak Yang Dirugikan Dalam Perjanjian Jual Beli Online Menurut Hukum Perdata Indonesia Matara, Opa Jermias; Benny Djaja; M. Sudirman
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 1 (2025): Oktober - Desember
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This study discusses theiforms ofilegal protectionifor injured parties inionline sales agreements accordingito Indonesian civil law. The development ofiinformation technologyihas drivenisignificantichangesiin theitrading system, from conventional transactions to electronic transactions. However, this progress has also given rise to various legal issues, such as default, fraud, and a lack of transparency in the implementationiofiagreements. Theipurpose ofithis studyiisito determine how civil law provides protection for injured parties and how the legal resolution mechanisms are. Theiresearch methodiused isinormative legaliresearch withia statutoryiand conceptualiapproach, through a literature review of various primary, secondary, anditertiary legalisources. Theiresults showithat legaliprotectioniin online sales can be achieved throughithe applicationiof theiprinciple ofigoodifaith, the mechanism of default, and unlawful acts as regulated in theiCiviliCode. In addition, the recognition of the validity of electronic agreements iniLaw Numberi11 ofi2008 concerningiElectronic Informationiand Transactionsistrengthensithe legal position of parties in digital transactions. Disputeiresolution canibeipursued throughilitigation orinon-litigationichannels such as mediation and BPSK. This research confirms that the synergy between regulations, public legal awareness, and business actors' responsibilities is crucial in creating effective legal protection for parties harmed in online sales agreements.
ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP MITRA DALAM PERJANJIAN KERJA SAMA ANTARA PERUSAHAAN PENYEDIA APLIKASI MARKETPLACE (SHOPEE) DENGAN MITRA (KURIR) Matara, Opa Jermias; Djaja, Benny
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.684

Abstract

This study aims to analyze the legal relationship in the agreement between the Shopee marketplace company and its partners (courier) and to analyze the legal protection for partners in the Cooperation Agreement between the Shopee marketplace company and partners (courier). The method used in this research is normative juridical, namely the study of legal norms, both primary and secondary legal materials. The results of the study show that the legal relationship in the agreement between the Shopee marketplace company and its partner (courier) is a pseudo partnership legal relationship, namely a cooperative relationship that is not balanced with one another, meaning that the relationship is not really mutually beneficial, instead burdening the courier. and contrary to the principle of partnership. In this case, partner status is intended as a way for companies to avoid the obligation to provide wages according to the regional minimum wage (UMR). Legal protection for partners in the Partnership Cooperation Agreement between the Shopee marketplace company and the partner (courier) is to guarantee that discrepancies or errors regarding the goods ordered are not the responsibility of the courier if this is not caused by the fault or negligence of the courier, as stipulated in Article 1708 KUH Civil. Losses suffered by the courier must be reimbursed and accounted for by the seller, if the discrepancy and damage to the goods from the start is the result of the seller's mistake, while the form of legal protection for the courier in the event of a cancellation of the goods order by the consumer is the first to take the mediation route between the consumer and the courier. disputing parties, if no settlement is reached, the dispute settlement will be pursued through legal means.
Co-Authors Benny Djaja Djaja, Benny M. Sudirman