UPAYA PERLINDUNGAN HUKUM DALAM MENANGANI KASUS WANPRESTASI ATAS KERUGIAN KONSUMEN PADA TRANSAKSI JUAL BELI ONLINE1

Abstract

Article 1320 of the Civil Code has stated that the legal requirements of an agreement are that those who bind themselves are capable of making an agreement regarding a certain matter and a lawful cause. Thus, it states that the agreement that has been agreed upon by the parties cannot be violated and is competent according to applicable law. Even so, consumer protection for online buying and selling agreements requires legality and legitimacy in every transaction made. Where in carrying out their duties business actors and consumers are involved in it, as consumers, they need an understanding of how the legal protection and validity of the agreement are in the event of default. This study aims to find out how legal protection is in handling default cases in online buying and selling transactions and being able to understand the validity of a contract agreement in online buying and selling transactions. The research method used in this study is a normative legal research method in which the data sources used were obtained based on primary legal materials, namely Law No. 8 of 1999 concerning consumer protection and Law No. 11 of 2008 concerning information and electronic transactions and secondary legal materials. such as books, journals and so on. The outputs targeted in this research are mandatory outputs in the form of accredited national journals.

Keywords: Agreement, Legal Protaction, E-commerce