Analisis Yuridis Jual Beli Online melalui Marketplace dengan Sistem Pre Order

Abstract

Buying and selling by online is basically caused by the rapid advancement of technology and information. Transaction by online is the activity of buying and selling or electronic trade which provides opportunity for buyers to buy goods and service directly through internet by using web browser. This type of business the service provider that provides media for transaction between sellers and buyers and, at the same time, acts as an agent. C2C includes electronic transaction in good and services done through the third party that is called, online marketplace used as the place during the transaction. This system of transaction had some systems such as ready stock and pre order. The research problems were as follows: as how about the validity of buying and selling transaction by online through marketplace, using pre order system according to the applicable Legal Provision, how about the legal protection for harmed consumers in the transaction through the online shopping website, Shopee Indonesia, using pre order system, and how about the liability of Shopee Indonesia when there is default in the transaction using pre order system. The research using juridical normative method with descriptive analytic approach which presented applicable legal provisions concerning legal theories which became the research object. The main data were gathered by conducting library research (secondary data) and documentary study. The result of the research shows that the validity of buying and selling transaction by online through marketplace, using pre order system is principally similar to conventional buying an selling transaction, as it regulated in Article 1320 of the Civil Code which contains the requirements for the validity of agreement based on the mutual agreement between buyers and sellers or marketplace. Legal protection for consumer who are harmed in the transaction online through shopping website, Shopee Indonesia, when there is default, according to the applicable law which regulates consumer’s rights and compensation. The liability of shopping website, Shopee Indonesia, if there is default is regulated completely through the requirements and provisions of using services which can be accessed in the shopping website, Shopee Indonesia. The compensation can be in the form of money reimbursement and replacement of goods which have been bought.