KEADILAN PROGRESIF
Vol 13, No 1 (2022): Volume 13 No 1 Maret 2022

ANALISIS YURIDIS TERHADAP PEMBUKTIAN DALAM MENENTUKAN KERUGIAN KONSUMEN DALAM TRANSAKSI MELALUI ELEKTRONIK (Studi Pada Badan Penyelesaian Sengketa Konsumen dan Yayasan Lembaga Konsumen Indonesia di Propinsi Lampung)

Rusli Tami (Fakultas Hukum Universitas Bandar Lampung)
Putra Adi Fahrizi (Fakultas Hukum Universitas Bandar Lampung)



Article Info

Publish Date
01 Mar 2022

Abstract

Breaking into security systems on the Internet is happening almost every day all over the world. The risk of transacting via the internet is very possible, intruders managed to access computers in a protected network. If there is insecurity in the computer network, it becomes a burden for business actors in terms of their responsibilities. The problem in this study is the way in which standard agreements occur through electronic means, and the power of binding agreements through electronics in Indonesian contract law, as well as evidence in determining consumer losses caused by standard agreements in electronic transactions. The research method uses a normative juridical approach and an empirical approach using secondary data, primary and tertiary data, then qualitative juridical data analysis is carried out. The results of the study, the way a standard agreement occurs via electronic means if we base it on Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, it is the same as agreements in general, if viewed from the theory of the Consensual Principle which states that an agreement is born at the moment an agreement is reached, then the agreement it was born on the second the receipt of an offer (offerte). The power of binding agreements via electronic means in Indonesian treaty law is contained in Article 1338 paragraph (1) of the Civil Code in conjunction with Article 1320 of the Civil Code. This provision reads "All Agreements made legally valid as law for those who make them". Evidence in determining consumer losses caused by standard agreements in electronic transactions with the impossibility of meeting the parties directly (faceless nature) and the absence of real bargaining between the parties, it does not rule out the possibility of fraud or other forms of fraud that can cause losses. for consumers due to the use of advanced technology. To prove the existence of a loss for consumers in an electronic agreement, of course, evidence is needed that can be used as a proof guide. Suggestion, Law enforcement officers need to understand electronic transactions in depth, so that if there is a dispute betweenbusiness actors and consumers in this electronic transaction, they can immediately resolve the dispute.

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Journal Info

Abbrev

KP

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal ini berisi hasil riset atau tinjauan atas suatu permasalahan hukum yang berkembang di masyarakat (artikel lepas), dimungkinkan juga tulisan lain yang dipandang memberikan kontribusi bagi pengembangan ilmu hukum. Pertama kali terbit pada September 2010. Terbit dua kali setahun, setiap Maret ...