NON-PRESTATION LAW AS THE FINAL SETTLEMENT FOR THE NEGLIGENCE OF ONLINE BUSINESS PLAYERS (E-COMMERCE)

Adella Darmawan; Fatihana Ulya Nasution; Dwi Desi Yayi Tarina

doi:10.56444/ulrev.v7i1.3433

NON-PRESTATION LAW AS THE FINAL SETTLEMENT FOR THE NEGLIGENCE OF ONLINE BUSINESS PLAYERS (E-COMMERCE)

Adella Darmawan, Fatihana Ulya Nasution, Dwi Desi Yayi Tarina

Abstract

Default is any form of activity that does not meet the requirements set out in all engagements, including engagements that occur in digital transactions such as e-commerce. Currently the regulation regarding default in e-commerce media is only regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The lack of a legal umbrella for perpetrators of e-commerce transactions in Indonesia has resulted in an increasing number of default cases. So that a new, stronger regulation is needed regarding the mechanism for resolving default cases in e-commerce media. This study aims to provide important knowledge regarding the flow of default lawsuits in e-commerce media. This research was written using a normative juridical method with a statute approach and a conceptual approach. This type of research was carried out qualitatively using secondary data in the form of literature studies and focused on the purpose of applying a norm in relevant positive law. The results of this study are compensation for business actors for default can be in the form of fulfillment of agreements, fulfillment of agreements and compensation, ordinary compensation, cancellation of agreements accompanied by compensation. Settlement of consumer disputes through court default lawsuits is only possible if it cannot be reached in a peaceful way to get compensation. This type of research was carried out qualitatively using secondary data in the form of literature studies and focused on the purpose of applying a norm in relevant positive law. The results of this study are compensation for business actors for default can be in the form of fulfillment of agreements, fulfillment of agreements and compensation, ordinary compensation, cancellation of agreements accompanied by compensation. Settlement of consumer disputes through court default lawsuits is only possible if it cannot be reached in a peaceful way to get compensation. This type of research was carried out qualitatively using secondary data in the form of literature studies and focused on the purpose of applying a norm in relevant positive law. The results of this study are compensation for business actors for default can be in the form of fulfillment of agreements, fulfillment of agreements and compensation, ordinary compensation, cancellation of agreements accompanied by compensation. Settlement of consumer disputes through court default lawsuits is only possible if it cannot be reached in a peaceful way to get compensation.

Keywords

Hukum Perdata; Civil Law.

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DOI: http://dx.doi.org/10.56444/ulrev.v7i1.3433