Perlindungan Hukum Terhadap Pembeli Karena Adanya Wanprestasi Dalam Jual Beli Secara Online (Studi Pada Aplikasi Buka lapak)

Putri, Feby Handini (2021) Perlindungan Hukum Terhadap Pembeli Karena Adanya Wanprestasi Dalam Jual Beli Secara Online (Studi Pada Aplikasi Buka lapak). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Production defects and the color of clothes or jackets that do not match the buyer's request. The existence of this default makes the seller obliged to fulfill his responsibility, namely to compensate for losses according to existing provisions. Doing transactions with online stores will take into account the uncertainty and risk when compared to traditional buying and selling transactions. The transaction security factor is still the main issue that makes online transaction violations very minimal, so that the level of buyer trust also influences the perception of transaction risk. The main problems in this study are 1) how is the legal protection for buyers due to default in buying and selling in cyberspace in the Bukalapak application and 2) what are the legal consequences for the owner of the Bukalapak application due to a default This type of research is by means of a survey, research that takes samples from the population using interviews as the main data collection tool. The nature of descriptive research is to describe the current state of the subject or object of research based on the facts that appear as they are. Defaults that occur in e-commerce transactions are generally carried out by online sellers/business actors. In the event of such a default, the online seller/business actor is obliged to compensate for the loss suffered by the consumer. If the online seller is not responsible for the default, the consumer can take legal action by filing a lawsuit against the online seller/business actor as regulated in articles 38 and 39 of the ITE Law concerning dispute resolution. The legal consequences for the owner of the Bukalapak application due to default, the Bukalapak party is not responsible for the goods purchased by the consumer to the third party because the overmacht in Bukalapak regulates the overmacht between the seller / seller and the expedition as a delivery service. The risk that should be borne by the seller in proving is transferred to the expedition party. Meanwhile, in Article 1472 of the Civil Code, the burden of risk is still borne.

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