Consumers’ Protection Towards the Implementation of Terms and Conditions on Online Marketplace

Abstract

Terms and Conditions are standard contract which is forming special arrangements integrally as a part of business contract made by business actor. Terms and Conditions are made without any negotiation and involvement from the consumers. This conditions emerge a crucial legal problem which is the bargaining position among the parties is not balance. The objectives of this thesis consist of two. Firstly, it is to get a better understanding related to the legality of Terms and Conditions as sale and purchase agreement on online marketplace in order to be imposed to consumer. Secondly, it is to know the legal consequence from the stipulation of exemption clause in Terms and Conditions on Online Marketplace based on Consumers’ Protection Act and Good Faith Principle. Moreover, this thesis uses secondary data in which the data are collected from library literature taken from the documents or archives related to the topic discussed in this thesis. This study uses juridical normative approach method by only focus on the regulation, Laws, legal theory, and scholars’ opinion. The data is obtained by the result of documents and to be correlated to related regulation. In analyzing the data, it uses the descriptive qualitative method meaning that it is not described by numbers and statistics. Furthermore, there are two results mentioned in this thesis. Firstly, the Terms and Conditions on online marketplace is null and void or cannot be valid based on Consumers’ Protection because contained prohibitions stipulated on Article 18 paragraph (1). Secondly, the legal consequence of exemption clause in Terms and Conditions on online marketplace based on Article 18 paragraph (3) of Consumers’ Protection Act, and based on good faith principle is null and void, while in practice it is stated as voidable.