PERLINDUNGAN KONSUMEN TERHADAP KELALAIAN PENGIRIMAN BARANG DALAM TRANSAKSI JUAL BELI PADA APLIKASI SHOPEE

Abstract

This research aims to analyse the form of consumer protection for the mistakes in the delivery of goods in online shopping transactions and Shopee's efforts to protect consumers against the inaccurate delivery of goods in online shopping transactions on Shopee e-commerce. The results of this research showed that the inaccuracy in delivery of goods and the incompatibility of goods with the concurrence specifications are oftenly occur in online shopping transactions. The Consumer Protection Law (CPL) regulates the protection to consumers by not causing harm to the business owner. Article 9 of the ITE Law also regulates that the business owners who offer products through an electronic system are required to provide correct and complete information regarding the contract terms, business owner, and the products offered. Article 3 of the Government regulation on the Trading Through Electronic Systems mentions the principles that must be obeyed by the parties which conducting transactions through electronic media. There are two factors that cause business owners to make mistakes in sending consumer goods, namely situational and individual factors. However, consumers are also often being the culprit for the incorrect delivery of goods due to their own inaccuracy. Shopee's efforts to protect consumers and business actors are contained in the Shopee terms of use which have been prepared by Shopee which are in line with the provisions of the CPL and did not in conflict with the applicable laws in the Indonesian jurisdiction.It is suggested that the government should make the changes to the CPL by adding the articles regarding rights, obligations, sanctions and matters related to the consumer protection in online shopping transactions. Shopee as a service provider is advised to be more selective in terms of registering sellers who will join Shopee, considering that there are still many inaccuracy in the shipping goods caused by the business owners. In this study using methods obtained through empirical juridical methods, where primary data was obtained from interviews with respondents and informants and secondary data was obtained by combining literature review materials such as books and laws and regulations.