Analisis Penerapan Klausula Baku terhadap Keabsahan Kontrak Elektronik Spaylater

Abstract

The development of information technology has a significant impact on the financial services industry. Shopee as one of the largest marketplace platforms, is also one of the fintech industries because it offers a PayLater feature that allows consumers to make purchases without upfront payment, with the obligation to pay later. The purpose of this study is to determine the form of standard clauses in Spaylater electronic contracts, to determine the impact of the application of standard clauses on the validity of Spaylater electronic contracts based on applicable legal provisions in Indonesia, and to determine the legal protection for Spaylater consumers against the use of exoneration clauses in Spaylater electronic standard agreements. The research method used in this study is the juridical-normative research method (normative law research), namely legal research conducted by examining library materials or primary materials, through a statute approach. The data collection technique used in this study is library research. And the data analysis technique used in this study is the qualitative analysis method. The results of this study indicate that the application of standard clauses in Spaylater electronic contracts can affect the validity of the contract because the clauses made unilaterally by business actors often harm consumers, in accordance with the legal provisions of Article 1320 of the Civil Code where an agreement must meet the valid requirements as stipulated. The government has established several laws that regulate consumer protection so that if a dispute occurs, consumers can ensure that their rights as consumers are protected and free from injustice in making decisions.