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VOL. 9, ISSUE 5 (2023)
Consumer protection against exoneration clauses in international e-transactions (analysis of the amazon.com EULA)
Authors
Jasmine, Sanusi, Muazzin
Abstract
The standard clauses of international
electronic transaction set forth in the end-user license agreement are often
not in accordance with the consumer protection rights stated in the PK Law and
the ITE Law. This study aims to identify and analyze international electronic
transaction dispute resolution based on Indonesian law (Consumer Protection Law
(UUPK) and the Electronic Information and Transaction Law (UU ITE)). on the
standard clauses of the Amazon.com end user license agreement. The approach
method in this study uses a normative juridical approach, which is document
research, using legal sources in the form of laws, regulations, court
decisions, contracts, legal theory, and scientific opinions. Normative legal
research is also known as doctrinal legal research, literature research, or
document research. The results of the study show that in the context of civil
law, an agreement is defined as an act in which one or more individuals are
legally bound to another or more individuals. Article 18 of the Consumer
Protection Law regulates the use of standard clauses in agreements. In the case
of Amazon.com e-commerce, the terms and conditions of use are pre-set by Amazon
and provided to the consumer as a standard agreement. In this context,
consumers as users only have the option to accept or reject the contents of the
agreement without the opportunity to discuss the details beforehand. The views
of Indonesian legal experts indicate that the process of forming a standard
contract has not fully complied with the legal requirements for an agreement as
stipulated in Article 1320 paragraph (1) of the Civil Code, especially in terms
of agreements that bind the parties involved. The agreement should refer to the
harmony of will or agreement between the parties. Clear rules are needed to provide
guidelines to economic actors so that transactions and contracts in e-commerce
obtain legal certainty, especially to protect consumers. Legal protection
arising from the rights and responsibilities of the parties to a transaction
stipulates that in the context of a transaction, consumers should understand
the rights guaranteed by Article 4 of the Consumer Protection Law. Legal
protection for consumers in e-commerce transactions can be found in the
Consumer Protection Law (UUPK) and the Electronic Information and Transaction
Law (UU ITE). The UUPK provides a legal basis for protecting Indonesia’s
consumers in general, while the ITE Law provides a specific legal basis for
consumers involved in e-commerce transactions. As previously explained,
e-commerce transactions bring various problems, including consumer data privacy
issues. In the context of trade transactions through electronic systems,
opportunities for dispute resolution outside the court can be realized if the
parties choose this option and state it in the contract. Article 18 paragraph
(3) of the ITE Law gives authority to parties to determine legal options in
resolving disputes. The Consumer Protection Law also provides alternative
dispute resolution out of court, including amicable compensation (Article 19 of
the Consumer Protection Law) and through the Consumer Dispute Settlement Agency
(BPSK) in accordance with Article 23 juncto Article 1 point 11 of the Consumer
Protection Law. In e-commerce consumer disputes, the role of BPSK can be
utilized by consumers. Even though the BPSK decision is binding and final
(Article 54 paragraph (3) of the Consumer Protection Law), dissatisfied parties
can submit an objection to the District Court and proceed with cassation to the
Supreme Court (Article 56 paragraph (2) and Article 58 paragraph (2) Consumer
Protection Law). Nevertheless, the implementation of consumer dispute
resolution in electronic transactions is still limited.
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Pages:65-68
How to cite this article:
Jasmine, Sanusi, Muazzin "Consumer protection against exoneration clauses in international e-transactions (analysis of the amazon.com EULA)". International Journal of Law, Vol 9, Issue 5, 2023, Pages 65-68
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