THE ONLINE BUSINESS TRANSACTIONS IN PERSPECTIVE POSITIVE LAW IN INDONESIA

Abstract

Online business or buying and selling online, apart from providing convenience and several advantages, also contains several weaknesses which sometimes cause problems for sellers or buyers (consumers), including: a. The product cannot be tried, b. Sometimes the standard or quality of goods is not appropriate, c. Shipping costs are expensive and charged to consumers, d. Vulnerability or risk of fraud, so that it has the potential to harm consumers. This research is a normative legal research using a statute approach and a conceptual approach. This research is descriptive analytical using qualitative data analysis. The conclusion of this research is that the implementation of online business is generally guided by the provisions of the agreement law as stipulated in the Civil Code. Meanwhile, the legal provisions that specifically regulate (lex specialis) regarding online business as an electronic transaction are regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Furthermore, online business as a form of PMSE is regulated in Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems. Forms of online business that occur in society are possible in 4 legal relationships, namely: a. Business actors and Business Actors; b. Business actors and consumers; c. Personal with person; and D. State administering agencies and business actors. Online business mechanisms that are commonly carried out in society, namely by using: websites, e-mails, other electronic media using the internet network and various applications, such as Facebook, WhatsApp, and others. The legal provisions in conducting online business or PMSE have accommodated legal protection for consumers, namely by having an obligation for business actors to protect consumer rights in accordance with the provisions of the Consumer Protection Law.