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| The Default of Trading Transactions Online (E-Commerce) on Economic Law Perspective
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Wery Gusmansyah, Wahyu Abdul Jafar
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Abstract:
This study aims to find out how to solve the problem of default of trading transactions online (e-commerce) from an economic law perspective. This study is library research with a normative juridical approach, which uses documentation techniques in collecting research data. At the same time, the analysis technique used in this research is the descriptive inductive technique. After conducting in-depth research, a conclusion was found that in general, a person is declared to have defaulted because: Completely not fulfilling the contents of the agreement; the contents of the agreement made are imperfect; Late in fulfilling the contents of the agreement; and Doing something that is forbidden to do in the agreement. Legal remedies that can be taken due to default in online trading are litigation (court) and non-litigation (outside court). Some legal remedies that can be taken are: Requesting the seller to deliver the goods; Request a replacement item; Request compensation; Request compensation; Request cancellation of the agreement; Request a price reduction; Report the seller to the police. In the perspective of economic law, parties who must carry out the contents of the agreement but are not carried out can get penalties or sanctions in the form of Paying for losses suffered by producers/consumers (compensation); Cancellation of agreement; Risk transfer. The promised object of the agreement from the moment the obligation is not fulfilled becomes the responsibility of the producer/consumer; Paying court fees if they are brought before a judge. Meanwhile, if a man wants to resolve a default dispute in an online sale and purchase contract through the Non-Ligitation route, Mediation, Conciliation, and arbitration methods are used.
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