Akibat Hukum terhadap Tidak Terpenuhi Syarat Keabsahan Perjanjian Antara Pemilik Online Shop dengan Endorser di Media Sosial Instagram

Abstract

Endorsement Agreement is a development that occurs in society and there is no any of law regulates the endorsement agreement specifically. Article 1338 paragraph (1) KUHPerdata recognizes the basis of freedom of contract, so that the parties who enter into the agreement must keep their promise in fulfilling the achievements listed in the agreement. As many endorsement agreements are born, there are problems in the field of law in society, such as the unfulfilling of subjective and objective conditions that cause the agreement to be void. The existence of an endorsement agreement, the parties should implement the agreement in accordance with what has been agreed (concessus), but there are actions that violate the agreed things. The research aims to analyze the legal basis of the endorsement agreement on social media Instagram according to the regulations in Indonesia, to analyze the legal consequences of online business transactions that do not qualify the validity of the agreement between the online shop owner and the endorser on Instagram social media and analyze legal protection for parties in the endorsement agreement if there is any violation of the agreement by one party. The research method is using normative juridical, which is descriptive in analysis with the study data collection techniques of the library. The focus of the problem with regard to not being met the terms of the validity of the agreement between the online shop owner and the endorser on social media Instagram. The legal arrangement of the establishment of endorsement agreements on social media in practice there are problems regarding the fulfillment of subjective terms or objective terms of the agreement. Based on the results of the study, the legal basis of the endorsement agreement on social media Instagram according to the regulations applicable in Indonesia refers to Articles 1313 and 1320 of the KUHPerdata for the legal side of the agreement and Article 5 to Article 12 of the validity of the endorsement agreement that being made online. As a result of the legal transactions of online business cooperation agreements that do not qualify for the validity of the agreement between online shop owners and endorsers on Instagram social media i.e. in online buying and selling transactions are difficult to execute or real action in case of disputes or fraudulent crimes. Legal protection for parties in the endorsement agreement if the occurrence of a wanpresentation by either party can be done by taking the means of litigation (1234 KUHPerdata) or non litigation (Article 38 paragraph (1) UU ITE).