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JURIDICAL REVIEW OF CONSUMER PROTECTION FOR THE IMPLEMENTATION OF STANDARD CLAUSULE IN E-COMMERCE TRANSACTION THROUGH SOCIAL MEDIA (A STUDY OF COURT'S DECISION NUMBER 82 / PDT.G / 2013 / PN.YK)

CAHYANI, AFRILIA (2019) JURIDICAL REVIEW OF CONSUMER PROTECTION FOR THE IMPLEMENTATION OF STANDARD CLAUSULE IN E-COMMERCE TRANSACTION THROUGH SOCIAL MEDIA (A STUDY OF COURT'S DECISION NUMBER 82 / PDT.G / 2013 / PN.YK). Bachelor thesis, Hukum, Universitas Ahmad Dahlan.

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Abstract

Advances in technology have resulted in the process of e-commerce transactions proliferating through social media. However, due to the existence of a standard clause in an agreement resulting weak position of consumer protection. This study aims to understand and analyze: (i) the regulation of standard clauses in e-commerce transactions through social media (ii) the responsibilities of business actor in implementing standard clauses on e-commerce transactions through social media (iii) the basis of the Judges' consideration in the court's decisions related to the implementation of standard clauses in e-commerce transactions through social media. This research is normative juridical research. Data sources used are secondary data sources. Data collection methods using library research. Data were analyzed descriptively qualitatively then concluded deductively. The results showed that the regulation of standard clauses in e-commerce transactions through social media is prohibited if it is not in accordance with Article 18 of Law No.8 Year 1999 concerning Consumer Protection regarding the prohibition of inclusion of standard clauses. The responsibility of business actors in implementing standard clauses in e-commerce transactions has been regulated in Article 19 in the form of compensation both by money and goods of equal value. The Judges' consideration in the decision regarding the implementation of standard clauses in ecommerce transactions emphasize that the statement “if the goods don’t arrive, the plaintiff will full refund” is a standard clause and in its decision, unfortunately the judge did not consider the loss suffered by consumers regarding refunds.

Item Type: Naskah Publikasi (Bachelor)
Subjects: K Law > K Law (General)
Divisi / Prodi: Faculty of Law (Fakultas Hukum) > S1-Law Science (S1-Hukum)
Depositing User: publikasi uad
Date Deposited: 12 Oct 2019 03:50
Last Modified: 12 Oct 2019 03:50
URI: http://eprints.uad.ac.id/id/eprint/15278

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