Civil liability and cyber insurance for electronic bank account hacking under Jordanian law: a doctrinal and comparative analysis

Globally, electronic commercial transactions have been rising at a rapid rate. In the context of South Africa, this upward trend is associated with the high rates of mobile technology penetration evinced by using mobile devices like laptops, cell phones, smartphones, tablets, and other emerging electronic tools. Given that the laws and policy framework regulating e-commerce transactions is relatively new and at a developmental stage in the country, there are gaps regarding the regulation of commercial transactions as they relate to consumer protection in the online environment. Some matters have arisen and still emerging because of the outpacing of technological developments with the existing commercial laws. This disparity in technological innovations and the subsisting legal framework tends to affect the modern consumer who prefers to utilise technology to access goods and services and conclude contracts electronically. This study explored the challenges in online contract formation and the extent to which consumers are protected in the e-commerce environment. A qualitative research approach was adopted in this study, by utilising a desktop review of the existing policies and legal instruments on electronic transactions, namely, case law, international instruments, and national laws (the Electronic Communications and Transactions Act 24 of 2002). The study critically examined the mechanisms in the current legal and regulatory framework that facilitate the conclusion of electronic contracts. It also analysed the current international and national legal framework to appraise the adequacy of the subsisting legislation in protecting the rights of consumers who engage in online transactions. Findings from the study revealed that despite the mechanisms put in place by the current South African legal framework, more still needs to be done to ensure legal certainty to consumers, who are the weaker party in e-commerce transactions. The study recommended strengthening consumer protection in the e-commerce environment. Keywords: Online Contract, Consumers, Online Transactions, Consumer Protection, E-Commerce.

Skincare is a skin care product that is popular among the majority of female consumers. One way to obtain skincare products is through online purchases, which, despite its advantages, also has disadvantages such as not meeting expectations (cheap prices but containing harmful substances) and being prone to fraud. The aim of this research is to understand the regulations regarding online buying and selling and consumer protection for skincare products using the online buying and selling system, particularly in terms of negative impacts on consumer health. This research is a doctrinal study that utilizes primary, secondary, and tertiary legal sources. The results of this research are as follows: Firstly, the online buying and selling of skincare products through marketplaces, as stipulated in Articles 1457 and 1458 of the Civil Code, utilize electronic contracts that include the identification of the parties involved, object and specifications, requirements for electronic transactions, pricing and costs, cancellation procedures, rights of aggrieved parties, and dispute resolution. Online buying and selling is recognized as a legitimate and accountable electronic transaction based on Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions. Online buying and selling is also regulated by the fatwa of the National Sharia Council of the Indonesian Ulema Council, No. 05/DSN-MUI/IV/2000, which provides provisions regarding payment, goods, parallel salam, goods delivery, cancellation, and disputes. Secondly, consumers of skincare products through online buying and selling are protected by the state both preventively through legislation (Consumer Protection Law No. 8 of 1999, Health Law No. 36 of 2009, Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Electronic Information and Transactions, Civil Code, and Criminal Code) and repressively (compensation by businesses; non-litigation through the Consumer Dispute Settlement Board (BPSK); litigation through the courts).Skincare is a skin care product that is popular among the majority of female consumers. One way to obtain skincare products is through online purchases, which, despite its advantages, also has disadvantages such as not meeting expectations (cheap prices but containing harmful substances) and being prone to fraud. The aim of this research is to understand the regulations regarding online buying and selling and consumer protection for skincare products using the online buying and selling system, particularly in terms of negative impacts on consumer health. This research is a doctrinal study that utilizes primary, secondary, and tertiary legal sources. The results of this research are as follows: Firstly, the online buying and selling of skincare products through marketplaces, as stipulated in Articles 1457 and 1458 of the Civil Code, utilize electronic contracts that include the identification of the parties involved, object and specifications, requirements for electronic transactions, pricing and costs, cancellation procedures, rights of aggrieved parties, and dispute resolution. Online buying and selling is recognized as a legitimate and accountable electronic transaction based on Government Regulation Number 71 of 2019 on the Implementation of Electronic Systems and Transactions. Online buying and selling is also regulated by the fatwa of the National Sharia Council of the Indonesian Ulema Council, No. 05/DSN-MUI/IV/2000, which provides provisions regarding payment, goods, parallel salam, goods delivery, cancellation, and disputes. Secondly, consumers of skincare products through online buying and selling are protected by the state both preventively through legislation (Consumer Protection Law No. 8 of 1999, Health Law No. 36 of 2009, Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Electronic Information and Transactions, Civil Code, and Criminal Code) and repressively (compensation by businesses; non-litigation through the Consumer Dispute Settlement Board (BPSK); litigation through the courts).


 
 
 
 
 
 
 
 
 
 
 
 This study explores the legal challenges and implications of virtual land sales through the metaverse in the context of Indonesia's digital era 5.0, focusing on consumer protection and the prevention of digital crimes. The primary aim is to analyze the legal framework governing these transactions and assess their conformity with the principles of valid contracts under Indonesian civil law. Employing a normative research methodology, the study evaluates existing regulations and legal literature to understand the current legal landscape. The findings reveal a lack of specific legislation in Indonesia regarding virtual land transactions in the metaverse, categorizing them under general electronic transactions governed by the Electronic Information and Transactions Law. Despite this, these transactions generally meet the legal requirements of a valid contract in Indonesian civil law, such as mutual consent, competency, a specific object, and a lawful cause. However, the study underscores the need for specific regulations to provide legal clarity and enhanced protection for parties involved in virtual land sales, considering the unique and virtual nature of the transaction objects. The research concludes with a call for international collaboration to contribute to the development of a balanced and contemporary global legal framework for metaverse transactions.
 Highlights:
 
 Absence of Specific Legislation: Current Indonesian laws do not specifically address virtual land sales in the metaverse, creating legal ambiguity.
 Electronic Transaction Classification: Virtual land sales are generally governed by Indonesia's Electronic Information and Transactions Law, aligning them with other electronic transactions.
 Need for Enhanced Legal Protection: Given the unique nature of virtual transactions, there is a significant need for specific regulations to ensure legal clarity and protect the rights of parties involved.
 
 Keywords: Metaverse, Virtual Land Sales, Indonesian Law, Electronic Transactions, Legal Framework
 
 
 
 
 
 
 
 
 
 
 

The rapid growth of e-commerce transactions in Indonesia brings convenience to consumers, but also raises serious challenges in terms of legal protection of consumer rights. This study aims to assess the effectiveness of the applicable legal framework, examine the business practices of e-commerce actors, and formulate strategies to strengthen consumer protection in the digital realm. This study is important considering the gap between the prevailing regulations and the dynamics of the field and the low awareness of consumers of their rights in electronic transactions. This research uses a normative juridical method with a qualitative approach. Primary data is obtained from a literature study of national laws and regulations such as Law Number 8 of 1999 concerning Consumer Protection and Law Number 11 of 2008 concerning Electronic Information and Transactions and its amendments. Secondary data is obtained through a review of relevant scientific journals, institutional reports, and previous research results. The analysis is conducted descriptively-analytically by examining the synchronization between existing legal norms and their implementation in e-commerce business practices in Indonesia. The results show that although the legal framework for consumer protection in Indonesia is textually adequate, its implementation in practice still encounters obstacles, including weak supervision, lack of effectiveness of consumer complaint mechanisms, and limited consumer understanding of their rights. Business practices in the e-commerce sector also often do not fully implement the principles of honesty, transparency, and accountability, especially in terms of returning goods, guaranteeing product quality, and protecting personal data. Therefore, a strategy to strengthen consumer protection is needed, including regulatory reform, strengthening digital supervision, consumer education, and increasing synergy between the government, business actors, and consumer protection institutions. This research emphasizes the urgency of establishing a consumer protection system that is responsive to technological changes and digital transaction patterns, in order to create a healthy, equitable, and consumer satisfaction and safety-oriented e-commerce climate.

The increasing use of electronic transactions in the digital age has raised significant concerns regarding consumer protection. Consumers face various risks, such as fraud, product mismatch, delivery delays, and misuse of personal data. This research aims to analyze the juridical framework governing consumer protection in electronic transactions, particularly in Indonesia, where digital commerce is rapidly expanding. By applying a normative juridical method and qualitative analysis, the study reviews existing legislation, including Law No. 8 of 1999 on Consumer Protection, and evaluates its effectiveness in addressing current digital challenges. Findings show that despite having a legal framework, the enforcement and application of consumer protection laws in digital transactions remain limited and inconsistent. Many platforms do not fully comply with legal requirements related to transparency, dispute resolution, and data protection. The study includes statistical data and visual aids such as charts and tables to illustrate the scale of consumer issues in the digital environment. It concludes that there is a need for legal reform, stronger regulatory oversight, and greater platform accountability. Additionally, increasing public awareness and utilizing Alternative Dispute Resolution (ADR) mechanisms can enhance consumer protection in the growing e-commerce ecosystem.

The rapid expansion of digital platforms in Indonesia has transformed personal data into a strategic economic asset while increasing the risk of large-scale data breaches affecting consumers. Although Law No. 27 of 2022 on Personal Data Protection has been enacted, the civil liability framework governing digital platforms remains fragmented and doctrinally unclear. This article aims to reconstruct the civil liability model applicable to digital platforms for consumer losses arising from personal data breaches within the Indonesian private law system. This research employs a normative juridical method using statutory, conceptual, and comparative approaches, integrating the Civil Code, the Consumer Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law, complemented by a comparative analysis with the GDPR. The study concludes that digital platforms cannot be regarded merely as neutral intermediaries due to their structural control over data processing and economic exploitation of personal data. The traditional fault-based liability regime under Article 1365 of the Civil Code is insufficient to address evidentiary imbalance and systemic digital risks. This article proposes a reconstructed liability framework based on a risk-based or quasi-strict liability approach, while affirming that limitation-of-liability clauses contradicting mandatory consumer protection norms are legally invalid. The novelty lies in repositioning personal data as a protected civil legal interest and integrating classical private law principles with contemporary digital regulation.

Technological advancements have significantly facilitated electronic transactions, making business interactions faster and more convenient. However, these developments also introduce risks, especially for consumers, as electronic transactions can lead to significant financial losses if not handled carefully. This study proposes effective legal protections for consumers to prevent such losses and ensure proper compensation in electronic business transactions. This research employs a normative legal methodology, utilizing both a statutory and conceptual approach. The statutory approach analyses laws and regulations governing electronic transactions, while the conceptual approach applies Richard Posner's Economic Analysis of Law theory to assess the efficiency of consumer protection mechanisms. Data was gathered through a literature review of primary and secondary legal sources, and conclusions were drawn using deductive reasoning. The Economic Analysis of Law theory was the major premise, with relevant laws and regulations forming the minor premise. The findings reveal two main conclusions. First, while existing laws such as the Consumer Protection Law, the ITE Law, PP PMSE, PP PSTE, and Regulation of the Minister of Trade Number 31 of 2023 provide basic consumer protection by sanctioning businesses that offer mismatched products, reclaiming consumer rights is not straightforward. Second, to mitigate potential losses in electronic transactions, a validation process for business actors is necessary before they offer products, and Electronic System Trading Providers (PPMSE) must establish an efficient mechanism for compensating consumer losses. This study highlights the need for a more robust and accessible framework to protect consumers in electronic business transactions, ensuring that legal recourse is both efficient and effective.

Contemporary digital advancements have significantly impacted the manner in which individuals engage in economic activities, as evidenced by the rising volume of online transactions. While offering convenience and efficiency, electronic transactions also provide numerous legal challenges, especially regarding seller defaults, including delayed delivery, goods that do not conform to the agreement, or sellers failing to meet their duties post-payment by consumers. This scenario may result in consumer losses, necessitating sufficient legal certainty and protection. This study seeks to analyze the legal regulations pertaining to contracts and defaults in digital platform transactions and to evaluate the types of legal liabilities that may be placed on sellers. This study employs normative legal research, focusing on legislative and conceptual approaches, and utilizes primary, secondary, and tertiary legal materials as data references. The study's findings reveal that seller liability regulations in electronic transactions are defined in the Civil Code, the Consumer Protection Law, and the Law on Electronic Information and Transactions. Nonetheless, its execution has several challenges, especially concerning evidence and the efficacy of law enforcement measures. Consequently, it is imperative to enhance the function of marketplaces and establish more adaptive legislative frameworks to guarantee consumer protection and restitution for losses in online commerce.

The main objective of this study is to examine whether agreements reached in electronic transactions through online shopping platforms comply with the fundamental principles of contract law. The principles tested include the principle of freedom of contract, the principle of consensualism, the principle of pacta sunt servanda, and the principle of good faith. In addition, this study also aims to understand the legal protection framework for consumers in the context of digital transactions. The methodology applied in this study is normative law, using an approach that focuses on legislation and a conceptual approach. The legal material used consists of primary, secondary, and tertiary legal materials. The collection of legal material was carried out through a literature study, which was then analyzed using deductive logic.Based on the results of the research and data analysis, it was concluded that agreements formed in electronic transactions through online shopping sites have fulfilled the principles of freedom of contract, consensualism, pacta sunt servanda, and good faith. Legal protection for consumers in e-commerce transactions has been adequately provided through the regulation of Law Number 11 of 2008 concerning Electronic Information and Transactions and Law Number 8 of 1999 concerning Consumer Protection.

This study aims to clarify the case scenarios in which the liquidators have civil liability, whether based on a contractual or tort basis. It indicated legal gaps and flaws in liquidators’ civil liability under Jordanian Law. It provides recommendations to the legislator for bridging the gaps and remedying the flaws in the liquidator civil legal liability area to provide reasonable protection for the company, shareholders, creditors, and other stakeholders.

Following the experience economy era coming, in order to retain customers, we must focus on the user experience and so do banking industry. Experience is the core engine of the network financial. In this paper, we study e-banking service improvement with the breakthrough point of user experience. This paper bases on the technology acceptance model and refer to multiple technology acceptance extension model at the same time, to build and verify the electronic bank adoption model. It concluded the factors influencing the adoption of electronic banking services. Then we guide the design of the e-banking based on the theory of service contact and the factors that influencing electronic banking user adoption to improve the user experience, attract new users and improve customer loyalty. So that the electronic banking gains better development in the fierce competition.

The advancement of information technology has significantly transformed the structure of community activities, particularly in the trade sector. Many individuals engaged in sales now utilize digital platforms for marketing, making the process more efficient and profitable. Traditional physical shops are gradually being replaced by online commerce. However, this rapid development also brings challenges, particularly in the form of unlawful acts that may harm other parties. Therefore, a legal solution is necessary to address, prosecute, and enforce the law in the electronic commerce sector. This is essential to ensure legal certainty for business actors and to resolve legal violations fairly and systematically. The background of this study refers to several legal frameworks, namely Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), the Civil Code (KUHP), and Law Number 8 of 1999 concerning Consumer Protection. This research aims to serve as a valuable reference for the public to actively participate in e-commerce with a clear understanding of their rights and obligations. Furthermore, the study is expected to assist law enforcers in preventing, handling, and taking legal action against civil law violations by digital business actors. The results highlight the ongoing need for systematic efforts to educate the public comprehensively about e-commerce transactions and their legal protection through relevant laws, especially the UU ITE, KUHP, and Consumer Protection Law.

Purpose: The objective of this study is to identify and analyze the extent of governmental obligations under consumer protection laws in Indonesia with regards to the resolution of consumer disputes. Methods/design/approach: The chosen research methodology used in this study was normative juridical, which included a comprehensive analysis of law, jurisprudence, and scholarly literature. This study adopts a statutory method, whereby legal materials such as Law Number 8 of 1999 on Consumer Protection, the Laws, the Civil Code, and other relevant laws and regulations are used as the legal foundation. Results: The issue pertaining to consumer settlement in electronic transactions is analogous to the broader context of consumer dispute resolution. The regulatory framework for addressing such concerns is delineated in Chapter X of The Consumer Protection Act. The regulations pertaining to the rights and responsibilities of customers may be found in Articles 4 and 5 of Law No. 8 of 1999. Similarly, the rights and obligations of business actors are governed by Articles 6 and 7 of the same law. These articles govern the allocation or placement of consumers and corporate entities inside a business or trade transaction system. The provisions pertaining to the forbidden acts for business actors, as outlined in Law No. 8 of 1999, are specifically addressed in Articles 8 through 17. The need to oversee electronic transactions is stipulated in Article 29 and 30 of the consumer protection legislation. The overarching elucidation of these governmental rules posits that the oversight of consumer protection is conducted in collaboration between the government, the community, and LPKSM. Conclusion: Online conflicts are not included by the Consumer Protection Act; instead, they are within the purview of the ITE Law. The term "consumer" as defined in the Consumer Protection Act refers specifically to the ultimate consumer. In contemporary times, the task of discerning between end customers and non-end consumers has grown more challenging, hence impeding the practical application of this concept. Hence, it is imperative to undertake a revision of the Consumer Protection Act.

Electronic commerce relies on the trust of commercial entities that guarantee the security of data and the legitimacy of transactions carried out. The government has enacted Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, one of which is to regulate electronic transactions. The ITE Law defines electronic transactions as activities that use electronic devices such as computers, internet networks and other digital media. The basic principle of electronic transactions is trust. To foster trust, stakeholders must strive for protection, especially consumer protection. In electronic transactions, there is an imbalance between economic actors and consumers in terms of bargaining power, which can result in legal agreements that are detrimental to consumers. In addition, storing consumer data as big data on computing systems does not guarantee its security, which can easily be lost, which is commonly referred to as a violation of consumer privacy. Consumers also need to be protected through education on the legal aspects of electronic transactions related to transaction terms, transaction security, transaction legality and dispute resolution. In fact, consumer protection in the field of electronic transactions is not yet optimal because several laws and regulations still contain inconsistencies and do not cover all aspects of protection.

Legal protection for consumers in an electronic commerce transaction in Indonesia is crucial for the development of the society’s economy. The aim of this research is to know how is the legal protection for online transaction users is in Indonesia. The method of study is the juridicial-normative method. The data collection is done through literature study. The research results show that the legal protection in the Electronic Transaction Agreement in Indonesia is regulated in Articles 47 and 48 of the Governmental Decree, No. 82 of 2012 regarding the Establishment of the Electronic System and Transaction. Legal protection for the society is written in Article 46 of the Constitution No. 11 of 2008 regarding Electronic Information and Transaction and Article 62 of the Constitution No. 8 of 1999 regarding Consumer Protection. Legal protection towards consumers in electronic transaction in Indonesia is regulated strictly both in the aspects of criminal and civil laws.
 Keywords: law; online transaction; consumer protection.