MITIGASI RISIKO TRANSAKSI JUAL BELI DALAM HUBUNGANNYA DENGAN PERLINDUNGAN HUKUM YANG SEIMBANG ANTARA KONSUMEN, PELAKU USAHA DAN MARKETPLACE BERDASARKAN ASAS KEPASTIAN HUKUM

SANI, ANITA and Emirzon, Joni and Yahanan, Annalisa (2024) MITIGASI RISIKO TRANSAKSI JUAL BELI DALAM HUBUNGANNYA DENGAN PERLINDUNGAN HUKUM YANG SEIMBANG ANTARA KONSUMEN, PELAKU USAHA DAN MARKETPLACE BERDASARKAN ASAS KEPASTIAN HUKUM. Doctoral thesis, Sriwijaya University.

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Abstract

In buying and selling transactions on the marketplacein this digital era, consumers, in addition to getting profits, are also at risk that not only affects them but also business actors and even marketplaces, so legal protection efforts are needed.It shows that there is an imbalance between consumers, business actors and themarketplace.The purpose of this study was to mitigate potential risks to provide balanced legal protection.The research method used a normative research method.The results of the research discussion showed that there was an imbalance in legal protection. First, thelegal arrangements in buying and selling transactions among the consumers, the business actors and marketplacesdid not provide balanced legal protection.There was ahyper regulationfrom both the material regulated partially and the sectoral scope of regulation.This has an impact on the overlap and multiple interpretations of regulations which has an impact on the ineffectiveness in the implementation of these rules; thus, affecting the aspect of law enforcement which is one of the causes of legal uncertainty affecting the imbalances in the provision of balanced legal protection to consumers, business actors andmarketplaces.Second, there are obstacles faced by among the consumers, business actors and marketplaces related to the weaknesses of the rules and the lack of understanding of law enforcement officials to the rules due to lack of socialization and other weaknesses, such as the institutional existence of BPSK which has not been established in each province, and lack of coordination between Institutions/Agencies in the field of consumer protection. The community factors havinginequality information between consumers and business actors can be an obstacle in legal protection in the field of marketplace platforms, limitedlaw enforcement facilities and infrastructure.Therefore, it needs to be mitigated through the penal channel by processing legally and non-penally such as maintaining the confidentiality of PIN/OTP; ensuring that there is a guarantee of personal data protection;avoid shopping for illegal products and,make sure the products purchased match the descriptions and images shown, ensure that the chosen delivery method is safe and reliable, increase the supervisory role of the relevant Institution/Agency/Institution, choose a reliable and secure marketplace and payment method, read and understand the standard clauses in electronic/digital contracts before making transactions, educate and socialize not only the consumers but also the business actors and marketplaces and yetthe law enforcement officials.Third, legal reconstruction needs to be carried out by reformulating, unifying, and harmonizing the law against the rules that are irrelevant and have not accommodated trade transactions on marketplaceplatformsand standard clauses where there is still a transfer of responsibility.To create anonlinedispute resolution websiteequipped with features containing information about the Consumer Dispute Resolution Agency/Institution along with its duties, authorities and responsibilities.A feature that contains information about complaints related to applicable terms and conditions.It is recommended that the government need to revise and make rules that not only protect consumers, but also business actors and marketplacesfrom fraud and unethical business practices in buying and selling transactions on the marketplace platforms. The resolution of complaints/disputes is also recommended through Online Dispute Resolution (ODR). The implications of this research are not only from thea philosophical perspective, but also from the implications for theoretical and dogmatic aspects.

Item Type:	Thesis (Doctoral)
Uncontrolled Keywords:	Marketplace, mitigation, protection, balance, legal certainty
Subjects:	K Law > K Law (General) > K1000-1395 Commercial law
Divisions:	02-Faculty of Law > 74001-Law (S3)
Depositing User:	Anita Sani
Date Deposited:	30 Jan 2025 03:09
Last Modified:	30 Jan 2025 04:03
URI:	http://repository.unsri.ac.id/id/eprint/167291

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