PENERAPAN ASAS KEBEBASAN BERKONTRAK DAN PRINSIP KESEIMBANGAN KEPENTINGAN DALAM KEGIATAN JUAL BELI MELALUI BUKALAPAK

Suputri, Ni Luh Dayananda Wasundari Hari (2019) PENERAPAN ASAS KEBEBASAN BERKONTRAK DAN PRINSIP KESEIMBANGAN KEPENTINGAN DALAM KEGIATAN JUAL BELI MELALUI BUKALAPAK. S1 thesis, UAJY.

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Abstract

Bukalapak is one of the leading online marketplaces in Indonesia which provides a means of buying and selling for pelapak (sellers) and buyers. Bukalapak has provided User Rules which are standard clauses.Legal issues in this thesis are, the application of the principle of freedom of contract and the principle of balance of interests in buying and selling activities through Bukalapak and the position of the parties in carrying out buying and selling activities through Bukalapak. The method used in writing this thesis is a normative legal. After that, analysis with qualitative methods was carried out. The results of this thesis study show that the application of the principle of freedom of contract is not fully implemented and the principle of balance of interests is not maximally achieved in buying and selling activities through Bukalapak, because there is a standard clause. Bukalapak's position is stronger than the pelapak and buyers who have a weaker position because only their interests are realized through User Rules / standard clauses.

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