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All Journal Jurnal Nuansa: Publikasi Ilmu Manajemen dan Ekonomi Syariah Konsensus: Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Rosmatun Aliyah
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Social Sciences

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Tanggung Jawab Hukum Platform Shopee Atas Penjualan Barang Palsu: Analisis Pasal 1365 KUHPerdata dan Aspek Perlindungan Konsumen Bunga Lexsa Angelia; Devi Raisa Fauziah; Shintia Purnama Dewi; Aneza Putri Setiadi; Rosmatun Aliyah
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 2 No. 6 (2025): Desember : Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v2i6.1447

Abstract

The development of electronic commerce through marketplace platforms presents new challenges in civil law enforcement, particularly concerning the platform's liability for the circulation of counterfeit goods. This study aims to analyze Shopee's legal responsibility as a provider of electronic transaction services regarding the sale of counterfeit goods, based on Article 1365 of the Civil Code concerning Unlawful Acts and its relation to consumer protection principles as regulated in the Republic of Indonesia Law Number 8 of 1999 concerning Consumer Protection. The research uses a normative juridical method with a legislative approach and literature study, including provisions in the Law on Electronic Information and Transactions and Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions. The research findings indicate that although Shopee does not act as a direct seller, the platform still has a legal obligation to provide a reliable, secure, and responsible electronic system. Negligence in verifying sellers and monitoring products has the potential to fulfill the elements of unlawful acts, particularly the elements of fault and causal relationship with consumer losses. This study emphasizes that Shopee qualifies as a business actor in the context of consumer protection, thereby bearing both preventive and repressive responsibilities to ensure transaction security and prevent the circulation of counterfeit goods on its platform.
Wanprestasi dalam Perjanjian Pre-order pada Transaksi E-Commerce: (Dalam Perspektif Hukum Perikatan) Aneza Putri Setiadi; Devi Raisa Fauziah; Rosmatun Aliyah; Shintia Purnama Dewi
Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah Vol. 4 No. 2 (2026): Juni: Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah
Publisher : Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/nuansa.v4i2.2610

Abstract

The rapid development of digital technology has facilitated the growth of e-commerce, enabling consumers and business actors to conduct transactions more easily and practically. One of the developments in e-commerce is the pre-order system, which allows consumers to place orders for goods that are not yet available but are guaranteed to be delivered once they become available within a certain period based on agreement and product availability. Linguistically, “pre” means before and “order” means request, so pre-order refers to ordering goods prior to their release or during scarcity. Although pre-order systems provide convenience, they also create legal risks such as delayed delivery, price changes, non-conformity of goods with agreements, and unilateral cancellations, which indicate the potential occurrence of breach of contract. This research analyzes breach of contract in pre-order transactions based on Article 1238 of the Indonesian Civil Code (KUHPerdata) and other relevant provisions concerning consumer protection and contractual obligations. The objective of this study is to identify the legal position and binding force of pre-order agreements in e-commerce transactions and to examine legal remedies when a breach of contract occurs. This study employs a normative juridical method. The findings show that pre-order transactions have legally binding force as long as they fulfill the requirements of a valid agreement. However, in practice, many consumers and business actors experience losses due to breaches of contract committed by one of the parties involved.
Co-Authors Aneza Putri Setiadi Bunga Lexsa Angelia Devi Raisa Fauziah Shintia Purnama Dewi