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Kunarso Kunarso; Dicky Hartono; Rena Fandani; Michael Fredson Soselisa

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of digital technology has transformed trading patterns through the emergence of live shopping, a phenomenon that enables real-time interaction between sellers and consumers. Although it offers marketing efficiency, this model poses significant legal risks, including misleading information, promotional manipulation, and product non-conformity. This study aims to analyze legal certainty in consumer protection within live shopping transactions, examine the forms of business actors’ liability for consumer losses, and identify obstacles to regulatory implementation along with efforts to strengthen supervision.The research method employed is normative legal research using both a statute approach and a conceptual approach. The results indicate that legal certainty in consumer protection within this ecosystem is grounded in the integration of Law No. 8 of 1999 (Consumer Protection Law) as the lex generalis and Government Regulation No. 80 of 2019 (Electronic Commerce/PMSE) as the lex specialis, which recognizes the validity of real-time electronic contracts. The legal liability of business actors is strict liability in nature, in accordance with Article 19 of the Consumer Protection Law, and may also be construed as a tort (Article 1365 of the Civil Code) in cases involving distortion of visual information.However, the effectiveness of these regulations is hindered by the ephemeral nature of transactions and low levels of digital literacy. This study recommends the implementation of technology-based supervisory systems (suptech), strengthening the oversight function of platforms (PPMSE), and policy synchronization between the Ministry of Trade and the Ministry of Communication and Informatics in standardizing business actor verification to ensure the security of the digital commerce ecosystem.

Gita Maria Rehulina Sembiring; Adri Sadewa Sirait; Roy Nanda Kesuma; Winda Windari Tarigan; Cherin Yorenta Tarigan +1 more

Discourse on Law and Society 2026 International Forum of Researchers and Lecturers

The advancement of information technology has rapidly transformed trading patterns in Indonesia, shifting from conventional transactions to online transactions through marketplace platforms. On one hand, this transformation provides convenience and efficiency for both businesses and consumers. On the other hand, it has also given rise to various legal issues, particularly regarding consumer protection. This article aims to examine how legal protection for consumers is implemented in electronic sales agreements on marketplaces, while also identifying the obstacles encountered during its implementation. The study employs a normative juridical approach, using conceptual analysis and legislative review, supplemented by empirical data obtained from interviews. As described, legal protection for consumers in electronic transactions in Indonesia remains suboptimal. Specifically, these challenges include biased law enforcement, low levels of consumer literacy, and ineffective dispute resolution mechanisms. In practice, marketplaces have incorporated consumer protection features such as escrow systems, refund mechanisms, and complaint centers; however, their implementation still suffers from limited transparency and effectiveness. Furthermore, existing regulations are slow to respond to the dynamics of cross-border transactions and ongoing digital innovations. Therefore, comprehensive regulatory reform, stronger enforcement, and enhanced legal and digital literacy among the public are necessary to ensure effective consumer protection.

Suntya Indah Lestari; Muhammad Arkham; Nabila Putri Manulang; Ryan Adriansyah; Brema Damanik +2 more

Law and Justice research journal 2026 International Forum of Researchers and Lecturers

The advancement of information technology has rapidly transformed trading patterns in Indonesia, shifting from conventional transactions to online transactions through marketplace platforms. On one hand, this transformation provides convenience and efficiency for both businesses and consumers. On the other hand, it has also given rise to various legal issues, particularly regarding consumer protection. This article aims to examine how legal protection for consumers is implemented in electronic sales agreements on marketplaces, while also identifying the obstacles encountered during its implementation. The study employs a normative juridical approach, using conceptual analysis and legislative review, supplemented by empirical data obtained from interviews. As described, legal protection for consumers in electronic transactions in Indonesia remains suboptimal. Specifically, these challenges include biased law enforcement, low levels of consumer literacy, and ineffective dispute resolution mechanisms. In practice, marketplaces have incorporated consumer protection features such as escrow systems, refund mechanisms, and complaint centers; however, their implementation still suffers from limited transparency and effectiveness. Furthermore, existing regulations are slow to respond to the dynamics of cross-border transactions and ongoing digital innovations. Therefore, comprehensive regulatory reform, stronger enforcement, and enhanced legal and digital literacy among the public are necessary to ensure effective consumer protection.

Kadek Sri Candra Laksmi Putri; Ni Ketut Sari Adnyni; Made Sugi Hartono

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The development of information technology has significantly transformed commercial activities, particularly through the emergence of electronic transactions or e-commerce. The convenience offered by digital trading systems provides various benefits for both consumers and business actors, such as time efficiency, ease of access, and broader market reach. However, behind these advantages, there are also several risks that may harm consumers, including discrepancies between product descriptions and actual goods, delivery delays, and potential online fraud. This study aims to analyze the legal protection for consumers in electronic transactions and the responsibilities of business actors within digital commerce systems. This research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that consumer legal protection in electronic transactions has been regulated in various laws and regulations; however, in practice, several challenges remain in its implementation. Therefore, strengthening regulations, enhancing supervision of business actors, and increasing public legal awareness are necessary to create a safer electronic transaction system and ensure legal certainty for consumers.

Sasi Azhari Kirana Putri

Jupiter: Publikasi Ilmu Keteknikan Industri, Teknik Elektro dan Informatika 2026 Asosiasi Riset Ilmu Teknik Indonesia

Consumer protection is a crucial aspect of trade and industrial activities to ensure consumers’ rights to quality, safety, and fairness in obtaining goods. In the field of metrology, qualitative improvement of product quality plays a strategic role as a preventive effort to minimize consumer losses caused by unfair or non-compliant trading practices. This is in line with Law Number 8 of 1999 on Consumer Protection, which emphasizes legal certainty, honesty, and the responsibility of business actors toward consumers. This study aims to examine qualitative product quality improvement as an effort to realize consumer protection in the field of metrology. The research employs a qualitative descriptive approach through literature review and analysis of regulations, policies, and the role of metrological institutions in supervising product quality. The discussion focuses on compliance with standards, supervisory mechanisms, and the responsibility of business actors as key elements of consumer protection. The findings indicate that qualitative improvement of product quality contributes to fair transactions, enhances consumer trust, and prevents practices that may harm consumers. This study is expected to serve as a reference for relevant institutions in strengthening the role of metrology as an integral part of the consumer protection system.

Dina Andiza

Discourse on Law and Society 2025 International Forum of Researchers and Lecturers

This study discusses consumer protection in the circulation of illegal cosmetic products through electronic commerce systems, focusing on the implementation of Law Number 8 of 1999 concerning Consumer Protection. The main problems of the research include legal regulations related to illegal cosmetics, legal provisions regarding electronic commerce, and consumer protection mechanisms against the circulation of illegal cosmetics on e-commerce platforms. This study uses a qualitative method with a normative legal research approach through literature studies, which involves primary, secondary, and tertiary data sources. The results of the study show that cosmetic distribution permits are regulated in the Regulation of the Food and Drug Supervisory Agency Number 12 of 2023 concerning the Supervision of the Manufacture and Circulation of Cosmetics. In electronic commerce, transactions occur electronically between sellers and buyers by involving a third party as the platform provider. Dispute resolution between consumers and business actors is regulated in the Consumer Protection Law through two channels, namely litigation and out-of-court dispute resolution. The research concluded that every cosmetic in circulation must have a distribution permit in the form of a BPOM Notification, and business actors are responsible for providing compensation in the form of refunds or product replacements. The research recommendations emphasize the importance of consumer prudence, honesty of business actors, and the government's firmness in handling consumer problems.

Fitri Natasha Dachi; Urbanisasi Urbanisasi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Crypto asset transactions in Indonesia have rapidly developed alongside financial technology advancements, yet they pose legal challenges concerning investor protection. Under Indonesian civil law, civil liability for investor losses may be based on Article 1243 and Article 1365 of the Civil Code, depending on whether the loss arises from a breach of contract or an unlawful act. Additionally, the Consumer Protection Act may serve as a legal basis in cases involving violations of consumer rights. However, the application of such liability encounters juridical obstacles, including the absence of specific regulations defining the legal status of crypto assets as legal objects, regulatory gaps regarding business actors’ obligations, and evidentiary difficulties due to the anonymous nature of digital transactions. In this context, regulatory reform is essential to establish legal certainty and effective investor protection. The regulation should include digital security standards, transparent risk disclosures, and dispute resolution mechanisms. Active roles of Bappebti and the Financial Services Authority (OJK) in oversight, as well as legal literacy for the public, are critical to creating a responsible and secure crypto asset trading ecosystem.

Abd. Rosid; Ahmad Musadad

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The use of the internet is not only limited to utilizing information that can be accessed via social media, but can also be used as a means to carry out trade transactions that have been introduced in Indonesia, namely e-commerce. In e-commerce transactions in cyberspace, it is possible for disputes to occur, just like disputes that occur in a conventional legal relationship. The more numerous and extensive trading activities and e-commerce transactions, the higher the frequency of disputes and this means that there will be many disputes that must be resolved. One of the payments in e-commerce is COD (Cash On Delivery) which is made on the spot after the order from the courier is received by the buyer. In fact, there have been several cases that have resulted in losses felt by the seller in a buying and selling transaction via e-commerce. How to alternatively resolve consumer disputes through an out-of-court settlement process, and how to provide legal protection for consumers and business actors.    

Iffatriansyah Soga; Weny Almoravid Dungga; Zamroni Abdussamad

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to determine the implementation of Minister of Trade Regulation No. 51/m-dag/per/7/2015 concerning the prohibition on imports of used clothing in Indonesia and the legal implications for consumer protection based on legal certainty in Indonesia. This research was conducted using a type of normative legal research with two types of approaches, namely the Statutory Approach and the Conceptual Approach. Based on research results, the implementation of Minister of Trade Regulation Number 51/M-DAG/7/2015 of 2015 concerning the prohibition on the import of used clothing is only limited to providing guidance and supervision and does not make recommendations to stop the business activities of trading imported used clothing to law enforcement authorities. The facts that occur in Indonesia state that there is still a lot of imported used clothing being bought and sold in markets and thrift shops, meaning that the implementation of the trade minister's regulations has not been implemented optimally. Legal Implications of the Implementation of Regulation of the Minister of Trade Number 51/M-DAG/PER/7/2015 concerning the Prohibition of Importing Used Clothes for consumer protection based on legal certainty gives rise to vague norms and conflict of norms which results in the absence of legal certainty. This is because the trade minister's regulations cause multiple interpretations and conflict with the finance minister's regulation number 6/PMK.010/2022, so that the rights and obligations to protect consumers are not guaranteed through these regulations.

Stefanus Edwin Ferdianto L; Dewa Gede Pradnya Yustiawan

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to find out efforts to provide legal protection to consumers who experience losses due to business actors, namely elements that are irresponsible, act recklessly and arbitrarily so that it causes harm to consumers, clearly violates and is not in accordance with applicable laws and regulations. apply and regulations. Law Number 8 of 1999 concerning Consumer Protection (UUPK) which regulates how consumer rights must be fulfilled and the obligations of corporate actors must be carried out in accordance with what has been regulated in it, applies in Indonesia and regulates customers. The perfect example of an online retailer or marketplace that operates honestly, straightforwardly and correctly is PT Grab Toko Indonesia (Grabtoko). As a business actor who has the responsibility to enforce his agreement with customers, Grabtoko does not carry out this commitment properly. It has been determined that Grabtoko is deceiving people who fall for the fake news ads it offers in its advertisements. The fraudulent activities carried out by Grabtoko have fulfilled the fraud requirements stipulated in the UUPK, including default, use of internet-based electronic media in transactions, loss of one party, and incompatibility of trading goods with representatives of the parties. 

Sabila, Kanisa; Arifin, Tajul

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study explores the Islamic legal perspectives on online trading of defective goods, considering hadiths, laws, and comparisons with positive law, in the context of the increasing electronic commerce in the modern world. Findings highlight the seller's obligation to transparency and responsibility for defective goods, as well as the rights of buyers, providing a basis for practical recommendations including enhancing information transparency, forming policy based on Sharia principles, educating business operators and consumers, developing dispute resolution mechanisms in accordance with Islamic law, and implementing technology to improve transparency and compliance. Thus, it is hoped that consumer protection in the context of online trading can be enhanced in line with the moral and ethical principles of Islam, which in turn will support the sustainable development of electronic commerce

Nur Ikchsan; Siti Kholifah; Fajar Hari Prasetyo

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze effective strategies in optimizing the use of social media, especially the YouTube and Instagram platforms, by students of Syari’ah business law courses. The focus of the research is to identify students' efforts to use social media as a relevant and useful tool in the context of social media business from an Islamic perspective and legal protection issues related to existing YouTube and Instagram social media content. The research method used is qualitative, with strategic analysis through surveys, interviews and observations of Syari’ah business students, especially content owners (Youtubers) and users who actively use YouTube as a medium for uploading content. , Content created by YouTubers is considered copyrighted. The data obtained was then analyzed to explore and document aspects of the Kedungsapur area that were thoroughly researched. The results of this research provide detailed insight into optimizing social media use of Syari’ah   business law students by uncovering unintentional mentions and attributions to certain parties throughout the public domain. This can lead to defamation, which is prohibited in Islam and violates the ITE Law, Islam emphasizes the importance of conveying information accurately and not manipulating or misusing facts. Further findings show that the presence of hackers has an impact on how content creators protect YouTube and Instagram. The meaning of this research can contribute to the development of innovative learning strategies and deepen students' understanding of the application of the law Syari’ah trading in the digital era.

Mohamad Arif Asiari; Fenty U. Puluhulawa; Julius T. Mandjo

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the implementation of tera/re-terra by the Legal Metrology Department of Trade and Industry of Gorontalo City as an effort to protect consumers. The type of research used in this research is empirical legal research which is intended to obtain clarity and understanding of the problems in research based on existing facts. Data sources were obtained through interviews, observation and documentation. Then analyzed descriptively qualitatively. The results of the research show that the implementation of tera/retracing by the Legal Metrology Department of Trade and Industry of Gorontalo City is carried out by carrying out retracing/retracing of scales which are included in the legal metrology category which is authorized for trading by the Ministry of Trade, in accordance with international standards. All UTTPs must be stamped/recast once a year in accordance with legal metrology laws and regulations. This aims to ensure that the UTTP equipment used by business actors complies with statutory provisions, so that the measurement results, measurements and scales are as they should be so that they do not harm consumers.

Ario Andika Baskoro; Yudho Taruno Muryanto

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the regulations related to the implementation of digital gold investment in Indonesia and to determine the form of legal protection that BAPPEBTI can provide through statutory regulations for digital gold customers. This research is normative legal research that is descriptive in nature. The research approach used is a statutory and conceptual approach. The types and sources of legal materials used consist of primary legal materials and secondary legal materials. The legal material collection technique used is literature study a. The legal material analysis technique used is deductive using the syllogism method. Based on the research results, it was found that the implementation of digital gold investment trading in Indonesia is generally regulated in the Commodity Futures Trading Law, explained in more detail in Minister of Trade Regulation No. 119 of 2018, and the technical provisions are regulated in BAPPEBTI Regulations. The legal protection that BAPPEBTI can provide to digital gold customers includes carrying out supervision and even inspection of companies carrying out digital gold trading activities, then if violations are found by the company concerned, BAPPEBTI can impose administrative or criminal sanctions. However, there is a contradiction in Article 6 letters e and f in the Commodity Futures Trading Law, in letter e it is stated that BAPPEBTI has the authority to carry out inspections of parties who have business permits, individual permits, approvals or registration certificates. However, in letter f it is stated that BAPPEBTI appoints another party to carry out certain inspections in the context of implementing BAPPEBTI's authority as referred to in letter e. This shows that BAPPEBTI as a special institution for futures trading cannot be directly involved in enforcing the futures trading system, which means that BAPPEBTI's role in providing legal protection for digital gold customers is not optimal.    

Rifka Tunanga; Weny Almoravid Dungga; Mellisa Towadi

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This writing aims to find out how the feasibility of futures broker PT. Forex family in managing the trading business and legal protection of customers of PT. Forex families. The method used in this paper is empirical normative method by collecting data through literature studies, interviews, and observation. The writing results show that agreements between futures brokerage companies and customers/investors in forex trading transactions are made in detailed and accurate standardized forms. In the transaction agreement, the contents are planned in advance by the parties to the futures brokerage company so that the customer/investor only has to agree to it if the customer is willing to accept the rules or terms and conditions that have been prepared and predetermined unilaterally by the futures brokerage company. Furthermore, the forex family conducts a forex investment business which in this case can be categorized as futures trading, so that in this case the license to carry out business activities must be granted by the competent authority, namely BAPPEBTI. Furthermore, in order to protect the interests of consumers and the public, the investment alert task force announced seven lists of illegal investment entities that were discontinued on November 3, 2021. One of the seven entities was named the FX family, which the task force called "unlicensed futures or forex trading activities" so that the public was asked to be careful. be careful and be aware of various types of investment offers with various types of fraudulent modes.