Perlindungan Hukum terhadap Pedagang Atas Pengembalian Barang Sesuai Kondisi Awal dalam Transaksi E-Commerce Shopee

Abstract

In shopee e-commerce transactions there is a return feature with the reason ‘want to return the goods according to the initial condition’, where the buyer can return the goods he has received to the merchant with the reason ‘want to return the goods according to the initial condition’. The problems discussed in this research are how the return feature with the reason ‘want to return the goods according to the initial condition’ in shopee e-commerce transactions is reviewed according to Indonesian laws and regulations, how the form of shopee's responsibility to merchants who suffer losses due to the return feature with the reason ‘want to return the goods according to the initial condition’ in shopee e-commerce transactions, and how the form of legal protection to merchants against the return feature with the reason ‘want to return the goods according to the initial condition’ in shopee e-commerce transactions. The research method used in writing this thesis is the normative juridical research method by referring to secondary data in the form of primary, secondary, and tertiary legal materials with the collection method of library research as the main data and with field research methods in the form of interview guidelines as additional data. The results show that the return feature with the reason ‘want to return the goods according to the initial condition’ in the shopee marketplace is contrary to the provisions of the cancellation of the agreement in the Indonesian Civil Code (KUHPerdata), contrary to the terms of returning goods in Government Regulation No. 80 of 2019 on Trading Through Electronic Systems (PP 80/2019 tentang PMSE), contrary to the principle of good faith in the Electronic Information and Transaction Law (UU ITE) and violates the obligations of buyers and the rights of traders in the Consumer Protection Law (UUPK). The form of responsibility given by shopee to merchants is the provision of compensation in the form of shopping vouchers after the merchants voice their cases to the public. Legal protection to merchants in the form of preventive legal protection in the Consumer Protection Law (UUPK) which requires buyers to read instructions or product information before buying and is obliged to act in good faith, repressive legal protection to merchants, namely dispute resolution efforts through non-litigation and litigation.