TANGGUNG JAWAB DAN PERLINDUNGAN HUKUM PARA PIHAK DALAM TRANSAKSI ECOMMERCE DI SITUS TOKOPEDIA.COM DALAM PERSPEKTIF HUKUM POSITIF INDONESIA

In this era, buying and selling transactions are no longer carried out conventionally, with e-Commerce transactions, Sellers and Buyers only met through the internet. But along with the development of electronic transactions, there are also some technical problems that are found, namely ‘defaults’ in the form of goods being sent wrong, items being sent late, lost items, data theft and even ‘defaults’ that lead to fraud. So it is important to know the extent of the parties' responsibilities in e-Commerce transactions. In the KUHPerdata e-Commerce transactions are not yet known. Provisions regarding e-Commerce transactions arise after the existence of Law UU No.16 Tahun 2016 tentang Perubahan Atas UU No.11 tahun 2008 tentang ITE, and the term Electronic System Operator is regulated in PP No. 82 Tahun 2012 tentang Penyelenggara Sistem dan Transaksi Elektronik. Tokopedia as an organizer of electronic systems is responsible for electronic transactions in the form of guaranteeing the security of the transaction system and providing valid information. The responsibility of the organizer of an electronic system is limited as only a facilitator in transactions. Legal protection for parties in e-Commerce transactions on the tokopedia.com site in the Indonesian positive law perspective, the weakest parties constituonally are sellers and buyers. Tokopedia can decline the transaction, return the buyer's money and banned the seller's account. All authorities exercised by the Tokopedia are only based on standard agreements between parties and Tokopedia, even though these actions have not been regulated. The current provisions have not been able to provide full legal protection for Indonesian e-Commerce consumers