Perlindungan Hukum Para Pihak Dalam Transaksi Elektronik Menggunakan Sistem Bayar Nanti Pada Aplikasi Shopee
Abstract
The existence of SPayLater services makes it easier for people to buy the desired
goods. But in reality, the use of SPayLater has many obstacles that cause harm to
consumers, for example users do not know the legal relationship of SPayLater and
the rights and obligations of the parties in the SPayLater service. This study aims
to analyze the legal protection for parties in electronic transactions with the pay
later system in the Shopee application and the legal consequences if consumers
experience default. The research method used is normative legal research method,
with the approach method, namely the statutory approach (Statue Approach) and
conceptual approach (Conceptual Approach). And the technique of collecting legal
materials uses a library study (Library Research). Based on the results of this study,
it is concluded that legal protection for parties in electronic transaction activities
with PayLater in the Shopee application has been regulated in Law Number 19 of
2016 jo. Law No. 11 of 2008 concerning Electronic Information and Transactions
and Financial Services Authority Regulation Number 77 of 2016 and Shopee
PayLater Service Provisions related to Legal Protection of Consumer Parties and
PayLater Service Providers PT. Lentera Dana Nusantara and PT. Commerce
Finance. Normatively, the parties involved in electronic transactions with the pay
later system have received good protection. Furthermore, empirically, the reality
has not been protected, especially in the protection of consumer personal data.
Default or a process of default causes consumers to get a summons and
automatically the amount of the debtor's bill is added 5% of the total funds used as
a legal consequence of late payment and creates a fine that must be paid. This
default also has an impact on users because it will be recorded in the OJK Financial
Information Service System which will make it difficult for users in the future
because these records will be seen during BI Checking when consumers will apply
for credit conventionally or on other platforms.
Collections
- Law [2504]