Consumer Dispute in Electronic Transactions: State Obligation and Dispute Settlement Under Indonesia Consumer Protection Law

Abstract

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.