URGENSI PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP KERUGIAN ATAS PRODUK IMPOR PADA E-COMMERCE APLIKASI TAOBAO
Authors
Abstract
In the rapid development of technology, one of the developments is in the form of e-commerce or online shopping which can be national or international cross border, in e-commerce the consumer buyers do not intervene or can physically see the goods sold to them until the arrival of the goods in the hands of the buyer. The imbalance, which favors business actors over consumers, underscores the need for legal frameworks that guarantee effective consumer protection. This study uses normative legal research methods, with statutory approach and conceptual approach this compares state regulations due to the relation with international and seeking the effective law for the problem. This analysis employs the theory of legal protection as formulated by Philipus M. Hadjon to examine the relevant legal issues. In Indonesia, such as the Shopee application, the law used as an umbrella to guarantee consumer rights is the Consumer Protection Law, but when e-commerce is cross-border or international, it causes a legal vacuum, Taobao being one of the international e-commerce applications in China taken as an example. When a dispute occurs because consumers need protection rights if there is no law, there is no guarantee. So this research aims to analyze the existence of the law whether it can guarantee consumer rights or there is still no law that can guarantee consumer rights against things like losses so that an urgency is needed to overcome the legal vacuum.