Pertanggungjawaban Hukum Perdata Penyelenggara Sarana Perantara dalam Perdagangan melalui Sistem Elektronik (E-Commerce) di Indonesia

Abstract

Information technology has brought new things in the world of trading, that paradigm of trading through electronic systems (e-commerce) has been formed which results in trade relations between sellers and consumers becoming borderless. However, the implementation of e-commerce in Indonesia still has obstacles, so that the existing business actors have a very important role, one of which is the organiser of e-commerce intermediary facilities that have clear legal liability obligations for marketing information and electronic transactions to consumers. This research discusses the legal liability that becomes the main principle of intermediary providers with other business actors in e-commerce, civil legal liability of intermediaries in harmonising legal relations to eradicate all e-commerce barriers, and government policies to ensure e-commerce security in Indonesia. This dissertation uses normative legal research with analytical prescriptive nature by prioritizing secondary data in the form of primary, secondary and tertiary legal materials. This research data is supported by primary data obtained from field research through interviews with Kominfo and sellers. The research approach used is a statutory, conceptual, and comparative approach. Data analysis is qualitative and conclusions with deductive methods. Trading through an electronic commerce (e-commerce) has the main legal basis of Article 1320 of the Civil Code, where an agreement is formed between sellers and consumers. Operators of intermediary facilities with sellers who are legally domiciled as e-commerce business actors have the principle of legal liability for rights and obligations in digitizing trade. The principle of legal responsibility in clear information and transactions through the electronic system in the agreement of the parties has been stated in Article 5 of Law Number 19 of 2016 about Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Civil law liability is the main principle of business actors to ensure harmonization of legal relations between the parties. The legal relationship between the parties can be carried out safely and in a controlled manner to eradicate all obstacles to unlawful acts and defaults in trading through the electronic system, so that legal protection is formed in the best legal service for the community. The civil law liability policy must be implemented by intermediary providers to ensure business ethics in safe e-commerce as has been established in Singapore. In addition, government policies in Indonesia are also needed which enforce e-commerce legal regulations that are clear in the responsible obligations and supervision of the intermediary providers who work together in marketing, so that trade through e-commerce is needed. Electronic commerce can be guaranteed safely, honestly and reliably in Indonesia.