Penerapan Asas Kebebasan Berkontrak Berdasarkan Pasal 1338 Kuhperdata Pada Perjanjian Baku Dalam Transaksi E-commerce (Studi Di Perbelanjaan Shopee)

Rahma, Anzili (2022) Penerapan Asas Kebebasan Berkontrak Berdasarkan Pasal 1338 Kuhperdata Pada Perjanjian Baku Dalam Transaksi E-commerce (Studi Di Perbelanjaan Shopee). Other thesis, Universitas Islam Riau.

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Abstract

Shopee has an online form of agreement using digital standard clauses. Digital standard clauses are clauses that must be agreed upon by shopee users when accessing the shopee application. The digital standard clauses are in small print and tend to discuss clauses in general. Many shopee users do not understand the digital standard clause because the small writing is not clear enough to read. So that there are many public complaints about the standard clauses made by shopee. The main issues in this study are how the implementation of the Standard Agreement in E-Commerce transactions (Studies in Shopee Shopping) and whether the Standard Standard Agreement meets the provisions of the principle of freedom of contract on the Shopee application in E-Commerce transactions. The type of research used is included in empirical research, Empirical Legal Research is a legal research method that uses empirical facts taken from human behavior. While seen from its nature, this research is descriptive. Standard agreements contain standard conditions in the form of written draft requirements contained in several agreements that are still to be made and the number is not certain, without first negotiating the contents. Standard agreements have dominated almost all contracts in business activities. This is based on an emphasis that standard agreements are more effective and efficient in form. According to the researcher, the standard agreement carried out by the Shopee application has carried out the basic principle as the principle of freedom of contract because before consumers use the application, consumers are given the option to use or not use the application because when they are going to use the application, consumers are asked to read what the terms and conditions of the application are. shopee, and if they agree, consumers can continue using the application, but if they do not agree, consumers are not forced to use the application, then the policy carried out by the shopee is by giving consumers freedom to use or not use the application, according to the researcher, this has meet the conditions of freedom of contract.

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