Legal Efforts of Conflicts Resolution in the Cash on Delivery System in E-Commerce Transactions in Indonesia

Abstract

This study aimed to analyze the legal efforts of conflict resolution in the Cash on Delivery system in e-commerce transactions in Indonesia. As will be discussed in this research is the development of e-commerce in Indonesia, payment systems in e-commerce in Indonesia, and legal efforts of conflict resolution in the Cash on Delivery systems in e-commerce transactions in Indonesia. This study used normative juridical research methods and research data used were secondary legal data consisting of primary legal materials and secondary legal materials. Based on the results of the study, it is known that e-commerce in Indonesia is developed rapidly, especially during the Covid-19 pandemic. Besides the development of e-commerce followed by the development of electronic payment systems in Indonesia, one of them is the Cash on Delivery (COD) system. However, this system creates a conflict between the parties involved in the electronic transaction. Legally, there are two ways of resolving conflict can be put forward, including non-litigation, which is done to achieve peace between the parties involved in the conflict, and if peace is not reached, legal remedies can be taken in litigation by the Buyer by taking civil law action because the Seller has defaulted as regulated in Article 1243 of the Civil Code. In addition, the Buyer can also take criminal litigation efforts by arguing that the Seller has committed a criminal act of fraud as regulated in Article 378 of the Criminal Code in conjunction with Article 28 paragraph (1) of the ITE Law. However, criminal litigation is carried out as a last resort in law enforcement or as an ultimum remedium.