E-commerce

The development of the internet in Indonesia in the past few years shows that this media has great potential and has bright prospects, it is not surprising that many companies have taken advantage of internet media which can be seen from the fact that there are many websites and applications. online in Indonesia, which offers various goods and services to the public or consumers. And kbusiness activities carried out using internet media this is what we usually call the term electronic commerce or so we are familiar with the term e-commerce.

Black Law's Dictionary provides a definition of E-commerce yaitu the practice of buying and selling goods and services through online customer services and of conducting other business activities using an electronic device and the internet, or in Indonesian means the practice of buying and selling goods and services through services online and conduct other business activities using electronic devices and the internet. Meanwhile, understanding E-commerce Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE) is emphasized more broadly, namely in the meaning of the term "Electronic Transactions" which means legal actions carried out using computers, computer networks, or other electronic media.

            Several laws related to electronic transactions can serve as guidelines for entrepreneurs and people who use the media Online is Law Number 8 of 1999 concerning Consumer Protection and Law Number 11 of 2011 jo Constitution  Number 19 of 2016 concerning Information and Electronic Transactions (ITE). In addition, electronic transaction activities based on the agreement are subject to the agreement rules in the Civil Code.

Because of every transaction Online that is done without caution will certainly cause problems and potential losses, for example, there are many cases of fraud committed using buying and selling sites online, let's call it the Junaedi case who was a trader Online, where he deceived his victims by placing an advertisement for selling electronic goods on OLX and Facebook where when the buyer had paid the transaction price, Junaedi did not carry out his obligation, namely to deliver the goods. The victim also suffered material losses of around Rp. 30.000.000,00 (thirty million rupiah). As a result, Junaedi was arrested on Friday, April 7, 2017.

Apart from fraud, there is another problem, namely the customers of a store online does not obtain goods as expected, such as different shapes, colors, sizes, etc. where the goods are sent by the business actor E-commerce does not match the image displayed in the shop advertisement. Of course this is a violation of the principle of authenticity (aunthentication) and wholeness (originality) which must be obeyed by every business actor or goods trader Online.

Consumer rights have been explicitly regulated in Article 4 of the Consumer Protection Act, which in point c regulates that consumers have the right to correct, clear, and honest information regarding the condition and guarantee of the correctness of the goods and / or services, and point h regulates the consumer's right to get compensation, compensation and / or replacement, if the goods and / or services received are not in accordance with the agreement or not properly. On the other hand, the obligations of business actors are regulated in Article 7 of the Consumer Protection Law. In point b, it is stipulated that business actors are required to provide true, clear and honest information regarding the conditions and guarantees of goods and / services and provide an explanation of the use, repair and maintenance, and point g states that business actors are obliged to provide compensation, compensation, and / or replacement if the goods and / or services received or used are not in accordance with the agreement.

            More explicitly, Article 8 of the Consumer Protection Law prohibits business actors from trading goods / services that are not in accordance with the promises stated in labels, labels, information, advertisements or sales promotions of the said goods and / or services. Based on this article, the mismatch between the goods received and the goods stated in the advertisement / photo offering of goods is a form of violation / prohibition for business actors in trading goods. So that business actors in this case are businessmen E-commerce obliged to provide compensation, compensation and / or compensation to consumers who feel they have been harmed like the case above. If the business actor does not carry out his obligations, the said business actor can be punished in accordance with the provisions of Article 62 of the Consumer Protection Law with a maximum imprisonment of 5 (five) years or a maximum fine of Rp.2.000.000.000,00 (two billion rupiah).

            Then regarding the problem of deep fraud e-commerce, the principle of buying and selling online and buying and selling directly is basically the same. Consumer protection legal provisions in buying and selling online as discussed above, it is basically the same as the consumer protection law that applies in direct sale and purchase transactions. So that businessmen E-commerce who commit deception in buying and selling transactions online can be convicted under Article 378 of the Criminal Code (KUHP) regarding fraud. In addition, business actors E-commerce Those who commit fraud may also be penalized under Article 28 Paragraph (1) of the ITE Law which regulates actions prohibited in electronic transactions, which reads "every person intentionally and without rights spreads false and misleading news that results in consumer losses in Electronic Transactions." Can be subject to criminal sanctions in accordance with those stated in Article 45 Paragraph (2) which reads "Every person fulfilling the elements referred to in Article 28 paragraph (1) or paragraph (2) shall be punished with imprisonment of up to 6 (six) years and / or a maximum fine of IDR 1.000.000.000,00 (one billion rupiah).

            Given the many aspects that must be considered with great care, it is of utmost importance for entrepreneurs who use the media Online to understand all the related regulations or at least have a Legal Consultant who master the legal aspects of the media Online well.

Apart from the problems discussed above, there are still many questions that arise such as,

  1. Is a digital agreement a legal and accountable agreement?
  2. Are there any legal arrangements regarding transactions made between Indonesian consumers and shop business actors onlineabroad?
  3. Is a trade transaction Online crossing national borders can be categorized as export / import and what are the conditions that must be met by online business actors (in internet networks)?
  4. Which court has the authority to solve the problem (disputes) arising from trade Online (E-commerce)?

Regarding the answers that must be parsed in a broad and in-depth manner, you can get further explanations by contacting our office legal consultant.

Warm regards,

Writer team