Perlindungan Hukum Atas Wanprestasi Dalam Perjanjian Jual Beli Barang Online Di Shopee Ditinjau Berdasarkan Kitab Undang-undang Hukum Perdata Dan Undang-undang Perlindungan Konsumen

Alkindi, Alkindi (2024) Perlindungan Hukum Atas Wanprestasi Dalam Perjanjian Jual Beli Barang Online Di Shopee Ditinjau Berdasarkan Kitab Undang-undang Hukum Perdata Dan Undang-undang Perlindungan Konsumen. Other thesis, Universitas Islam Riau.

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Abstract

Buying and selling is an activity that humans always carry out to support their daily needs. With technological developments, buying and selling is now done in e-commerce via electronic media and the internet. Where in this case sales and purchase agreements and transactions can be carried out without meeting in person (online). One of the e-commerce in Indonesia is Shopee. At Shopee, buyers pay the price of the goods first to be able to receive the goods they have ordered. But sometimes the goods sent by the seller do not match or have defects with the goods ordered by the buyer so that the buyer feels disadvantaged. The problem formulation in this research is first how to implement an online goods sale and purchase agreement in a shop. Second, how is the legal protection for non-compliance in agreements to buy and sell online goods on Shopee reviewed based on the Civil Law Book and the Consumer Protection Law. This research uses Normative legal research methods. Normative research is research that uses legal norms as the object of research in accordance with applicable legal rules. The legal materials used are primary materials, namely applicable laws, secondary materials are books and journals and tertiary materials such as dictionaries. Data analysis was carried out qualitatively, namely by describing and comparing the data with the provisions of the applicable laws and regulations. Meanwhile, the conclusion drawing method used was the deductive method, namely drawing conclusions from general to specific matters. From the results of the research and discussion, the author found that the online sale and purchase agreement for goods on Shoope makes transactions between sellers and buyers easier, namely that they can be done anywhere and at any time without having to meet them by opening the application via electronic media, then searching for the desired item by entering the product name, then selecting the item. and make payment and then the goods will be sent by the seller to the buyer. Next, the author connects the Civil Law and Consumer Protection Law with defaults that occur in online sales and purchase agreements for goods on Shopee. If the goods purchased do not match the order or have defects in the goods, the regulations explain that the seller is responsible for everything attached to the goods he sells, so the buyer has the right to cancel the agreement or continue the agreement by returning the goods and/or money or receiving goods with partial price refund. This is in accordance with returning goods or funds on Shopee. Buyers can request a refund or goods in accordance with applicable laws and regulations.

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