Implementation of Legal Protection for Consumer Rights in Business Transactions via E-Commerce Platforms

Abstract

This research aims to analyze the Business Transaction Arrangements through the E-Commerce Platform in Indonesia and to analyze the development of legal protection forms against consumer rights in business transactions through e-commerce platforms, using normative legal research methods. The results of the study show that the regulation of business transactions through e-commerce platforms in Indonesia is contained in several laws and regulations, namely the Civil Code, Law Number 19 of 2016 concerning Electronic Information and Transactions, Law Number 7 of 2014 concerning Trade, Law Number 8 of 1999 concerning Consumer Protection, Government Regulation Number 80 of 2018 concerning Trade through Electronic Transactions. The form of legal protection of consumer rights in business transactions through e-commerce plate forms, the form of legal protection arrangements consists of three phases, namely the pre-transaction protection phase, the protection phase during the transaction and the post-transaction protection phase. The legal protection phase before the transaction consists of establishing consumer protection institutions, e-commerce consumer education, consumer prudence in transactions, self-regulation by business actors. The protection phase during transactions consists of the authenticity of data messages in contracts and digital signatures, the validity of e-commerce contracts and digital signatures, confidentiality of data messages, security in transactions, availability and payments in e-commerce transactions. The post-transaction phase consists of the application of cooling off period and strict liability in the product liability system, dispute resolution in cross-border e-commerce transactions, choosing the law and consumer forum in dispute resolution, alternative dispute resolution (APS), and online dispute resolution (Ads).