UPAYA PERLINDUNGAN HUKUM AKIBAT WANPRESTASI DALAM JUAL BELI ONLINE

Abstract

The very rapid technological advances have resulted in progress in every field than before, especially progress in the trade sector, which has led to a transition towards digitization, namely buying and selling online. In online buying and selling transactions, it actually benefits business actors and consumers alike if the agreed agreement is carried out properly, but in reality there are still many business actors who are negligent in carrying out their obligations which result in losses to the consumer which can be considered a default. The validity of the agreement can be known based on article 1320 of the Civil Code regarding the legal requirements of an agreement. However, online buying and selling in laws and regulations do not absolutely regulate the validity of buying and selling online. In the research used by the author is a type of normative research, in which the source of the data used is obtained from primary legal materials, namely Law Number 8 of 1999 concerning consumer protection. The Civil Code is actually irrelevant for use in analyzing online purchase agreements. This happened because the Civil Code regulations were irrelevant in analyzing online buying and selling because this was made before the recognition that there was an online buying and selling agreement. If it is not in accordance with what was agreed upon, then a default occurs. In the settlement of default disputes, the consumer can take legal action using two methods, namely through litigation and non-litigation.

Keywords : Buying and selling online, Wanprestasi, Legitimacy