Analisis Hukum terhadap Kerugian Penjual Akibat Pembatalan Melalui Pembayaran Tunai di Tempat (Studi pada Marketplace Shop Tokopedia)

Abstract

The development of the internet in the digital era has driven rapid e-commerce growth in Indonesia, including cash-on-delivery payment methods. However, this payment method often causes losses to sellers due to unilateral cancellations by buyers, as observed in the Tokopedia Marketplace shop. This research aims to examine the regulations governing cash-on-delivery payment cancellations, identify the factors causing such cancellations, analyze the impact of losses experienced by sellers, and investigate dispute resolution mechanisms for cash-on-delivery payment cancellations. The research methodology employed in this thesis is normative juridical research utilizing primary, secondary, and tertiary data with a descriptive approach, specifically through statutory approach and conceptual approach. Data collection techniques include library research and field research, the latter obtained through interviews with 5 sellers and questionnaire distribution to 308 buyers at Tokopedia Marketplace shop. The data were processed and analyzed qualitatively. The analysis demonstrates that cash-on-delivery payment cancellations at Tokopedia Marketplace shop are regulated under Law Number 8 of 1999 on Consumer Protection, Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, Law Number 7 of 2014 on Trade, Government Regulation Number 71 of 2019 on Electronic Systems and Transactions Implementation, Government Regulation Number 80 of 2019 on Trade Through Electronic Systems, Law Number 1 of 2024 on Electronic Information and Transactions, and Tokopedia's electronic contract. Common causes of cash-on-delivery payment cancellations include discrepancies between goods and descriptions, late delivery, buyer absence at the delivery location, insufficient funds, and change of mind. The impact of losses on sellers encompasses non-reimbursable packaging costs, returned goods in unsellable condition, declining store reputation, and difficulties in claiming compensation. Dispute resolution can be conducted through negotiation using the chat feature, mediation at the resolution center, and, if necessary, proceeding to court litigation.