PERLINDUNGAN KONSUMEN DALAM KONTRAK BAKU E-COMMERCE LINTAS NEGARA DI INDONESIA

Werdhyasari, Ni Nengah (2013) PERLINDUNGAN KONSUMEN DALAM KONTRAK BAKU E-COMMERCE LINTAS NEGARA DI INDONESIA. S2 thesis, UAJY.

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Abstract

Research on consumer protection in e-commerce standard contract across countries in Indonesia is a normative study. This study aims to identify and evaluate the legal status of consumers in e-commerce standard contract across countries in Indonesia and to identify and evaluate the legal form of protection that can be offered to consumers in standard contracts cross-country e-commerce in Indonesia in the event of disputes with businesses . This research approach legislation (statute approach), the approach of the concept (conceptual approach), and the approach of the historis (historical approach). Legal materials used are of primary legal materials include: the Constitution of the Republic of Indonesia Negara 1945, MPR, Law, Government Regulations, other rules under the law, official records or minutes in the legislation and decisions of judges; secondary legal materials include: text books on law, including theses, theses, and dissertations law and legal journals, foreign journals, the opinions of scholars, legal cases, and symposia conducted by experts related to the discussion of consumer protection in e-commerce standard contract across the state in Indonesia, as well as tertiary legal materials among others legal dictionaries, encyclopedias, and others. Data processing and analysis of legal materials that deductively infer from a problem that is common to the problems faced concrete. The results and discussion indicate that consumers have a weak bargaining position when compared to businesses. With the development of the former way transactions based on "real world" into e-commerce transactions, especially if the transaction is carried out across the country further weakened the bargaining power of consumers. Forms of legal protection for consumers in e-commerce transactions across the state in Indonesia that can be offered is divided into three phases, namely: a. legal protection before the transaction phase, b. phase of the current legal protection transaction c. legal protection post-transaction phase.

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