Syahputra, Muhamad Ridho (2025) Perlindungan Pelaku Usaha Atas Tindakan Hit and Run Dalam Sistem Pre-order (po) Oleh Konsumen Pada Mini Konveksi Sherly Di Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

In Civil Law, the rules discussed are about the relationship between legal subjects. Civil Law discusses the rights and obligations of each individual in a contract or agreement. In a Pre-Order agreement, the principles inherent in this legal act are the fundamental principles in an agreement consisting of at least 4 principles for making an agreement, namely the principle of consensualism, the principle of freedom of contract, the principle of binding as a law, and the principle of personality. In the context of this study, the author analyzed the Pre-order agreement between the Mini Konveksi Sherly business actor and the consumer with the initials AR. In the implementation of the Pre-order agreement between the business actor and the consumer, it was only done through the WhatsApp chat room and verbally without using a draft agreement. The problem that occurred in the Pre-order agreement was that the consumer ordered a collective association's clothes from the producer and there was a Hit and Run act where the consumer did not come back to pick up the goods that had been ordered and the settlement money was not paid according to the payment date in the previous agreement. The main problem of this study is How is the Legal Protection for Business Actors for Hit and Run Actions in the Pre-Order (PO) System by Consumers at Mini Konveksi Sherly in Pekanbaru and What are the Barriers to Business Actors' Protection in the Pre-Order System at Mini Konveksi Sherly in Pekanbaru. The research method used in this study is Empirical Research. This empirical method is accurate and easy to collect data, and aims to collect information and understand all ongoing activities as research objects. The nature of the research used is Descriptive Analytical, because it only sees not analyzes and only finds the problem. Descriptive research aims to solve existing problem solutions based on data. From the research results, the factors that hinder legal protection for business actors are because agreements are often made via short messages that are easily lost or deleted, consumers use fake identities so that they are difficult to track, the legal process can take a long time and require quite a lot of money, existing laws tend to be general and do not specifically regulate pre-order transactions, the cost of taking legal action is often an obstacle for business actors, especially for small businesses. Several relevant articles in the Civil Code in protecting the rights of business actors in hit and run cases in the Pre-Order (PO) system include Article 1338 of the Civil Code, Article 1243 of the Civil Code, Article 1266 of the Civil Code. Before taking the litigation route, there are non-litigation solutions, namely Mediation, Conciliation and Arbitration.

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