Perlindungan Hukum Terhadap Konsumen Dalam Pelaksanaan Kontrak Elektronik Ditinjau Dari Peraturan Perundang Undangan

Authors

  • Diky Wahudy Sihombing Fakultas Hukum Universitas HKBP Nommensen Medan
  • Martono Anggusti Universitas HKBP Nommensen Medan
  • Lesson Sihotang Universitas HKBP Nommensen Medan

Keywords:

Legal Protection, Buying and Selling, Electronic Contracts

Abstract

Electronic buying and selling transactions are a form of the above provisions and this electronic transaction process also has a high risk, one of which is the occurrence of fraud. So in this case the author will discuss aspects of electronic law and its protection. In online buying and selling transactions, the two parties who bind themselves to each other carry out legal actions created from an agreement or contract where the agreement or contract is made electronically. This provision is in accordance with the rules of Law Number 19 of 2016 article 1 number 17 regarding Electronic Information and Transactions, which states that: "electronic contracts are agreements contained in electronic documents or other electronic media".
The method used in collecting data in this paper is (library research), namely library materials related to the titles and literatures of magazines, journals, papers, media, internet and also other information media related to the formulation of the problem in this study. .
There is an agreement as contained in 1320 of the Civil Code, the existence of a law as contained in Law No. 19 of 2016 amendments to Law No. 11 of 2008 concerning Information and Electronic transactions which regulates the cause and effect of Fraud in Electronic Transactions and Authority Regulations Financial Services About Electronic Payments 13 /POJK.02/2018 concerning Digital Financial Innovation in the Financial Services Sector. The above provisions must be accounted for in accordance with the actions and regulations that supervise them.
Protection for consumers of electronic transactions is also contained in Law Number 19 of 2016 amendments to Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE), namely article 5 paragraph (1) which reads electronic information and/or electronic documents and/or results the print is a valid legal evidence. Article 18 paragraph (1) electronic transactions that are poured into electronic contracts are binding on the parties. Article 28 paragraph (1) which reads that everyone intentionally and without rights spreads false and misleading news that results in consumer losses in electronic transactions. The regulation also regulates litigation and non-litigation settlement, in court and out of court, in court by filing civil and non-litigation lawsuits using Arbitration for dispute resolution on the basis of Law No. 30 of 1999.

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Published

2022-11-30