Tanggung Jawab Hukum Penjual Barang Bekas melalui Aplikasi Online Atas Kondisi Barang yang Rusak (Studi pada Aplikasi Carousell)

Abstract

The implementation of buying and selling through online applications, especially the Carousell application tends to experience problems, where the problem is that often the store account in the Carousell application provides information that does not match the existing reality, damaged or defective, where the goods sent always do not meet consumer expectations, thus making consumers in the Carousell application complain and demand compensation for used goods that have been ordered and paid for by consumers through the seller's account listed on the application. This type of research is a normative juridical research that is descriptive analytical, where the data used in this study are primary data and secondary data derived from the Carousell application, as well as derived from literature studies derived from applicable laws and regulations, such as laws on trade, ITE and consumer protection laws. The results of this research are for sellers of legal responsibility starting from an agreement through electronic signatures in Article 1320 of the Civil Code and Article 11 Paragraphs 1 and 2 of law No. 11 of 2008 concerning ITE, to the provision of information related to business data, data on goods to be traded, specifications of goods, technical requirements for goods, price suitability, services offered in the application, as well as easy and easy payment methods in accordance with Article 65 Paragraph 1-4 of Law No. 7 of 2014 concerning trade and Article 8 Paragraph 2 of Law No. 8 of 1999 concerning consumer protection. Legal protection of consumers for the quality of goods during buying and selling transactions during buying and selling transactions in accordance with Article 19 Paragraphs 1-5 of law No. 8 of 1999 which contains legal protection can be in the form of the responsibility of business actors to compensate goods that do not meet specifications by replacing the goods, or replacing crocodiles issued by consumers, and criminal charges. For the settlement of buying and selling disputes through online applications, the best is in accordance with those listed in Articles 38 and 39 of law No. 8 of 1999 concerning consumer protection which contains dispute resolution by conducting a civil lawsuit in the arbitration court accompanied by the Consumer Sengekta Settlement Agency (BPSK) which contains the validity of the compensation claim, as well as how much compensation must be paid to consumers, In the event of a dispute.