Wanprestasi pada Bisnis Jasa Titip Merchandise secara Online Perspektif Kitab Undang-Undang Hukum Perdata dan Undang-Undang Informasi dan Transaksi Elektronik

Abstract

The rapid development of information technology has fostered the emergence of various forms of electronic transactions, including the practice of merchandise proxy buying services (jastip) conducted online. This phenomenon creates a legal relationship between the consignor (the person requesting the service) and the consignee (the service provider), often without a formal written agreement but through electronic contracts. This research aims to analyze the legal framework governing such agreements, identify the forms of breach of contract (wanprestasi), and evaluate the legal liability arising from those breaches. This research employs a normative juridical method supported by field research, with a descriptive approach. The data used consists of primary data, obtained through interviews with online personal shopper (jastip) practitioners such as @tarishaa_ and @jastipinsist_, as well as secondary data. Data collection techniques include literature study and case study, by examining primary legal materials such as the Indonesian Civil Code (KUHPerdata), Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Electronic Information and Transactions, Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions, Law of the Republic of Indonesia Number 7 of 2014 on Trade, and Government Regulation Number 80 of 2019 on Trade Through Electronic Systems. Secondary legal materials include literature, legal journals, and expert opinions. The findings indicate that the online merchandise proxy agreement is a hybrid contract that includes elements of deposit agreements, power of attorney, and sale and purchase agreements, and is legally valid under Article 1320 of the Indonesian Civil Code (KUHPerdata) and Article 46 paragraph (2) of Government Regulation No. 71 of 2019. Common forms of breach include delayed delivery, non-conforming goods, and failure to refund payments. The consignee bears civil liability under Articles 1234 and 1243 of the Civil Code, and disputes may be resolved through either litigation or alternative dispute resolution mechanisms. Therefore, legal protection for the consignor is crucial to ensure certainty and justice in electronic transactions.