Legal Aspects of Escrow Account Contracts from a Civil Law Perspective

This study aims to analyze the legal validity of agreements and the liability of rekber service providers to their consumers. The research method used is normative juridical with a descriptive analytical approach to the applicable legal regulations related to sales transactions using rekber, supplemented with a limited empirical approach. In the joint account system, buyers are required to transfer funds, which is considered as acceptance of the applicable terms and conditions. Violation of these terms results in the forfeiture of the fees that have been paid. Novelty of this study lies in the agreement of sale and purchase and the use of a joint account system as a third party. The results of the study indicate that agreements in joint account transactions have binding force as contracts between sellers and buyers. However, there is the potential for legal cancellation of the agreement if the terms and conditions are considered unfair, non-transparent, or detrimental to consumers. Conclusion This study identifies that agreements in sales transactions using joint account systems such as Shopee are considered valid if they comply with the provisions of the Civil Code and there are two alternative dispute resolution methods in the event of breach of contract or fraud, namely non-litigation efforts through mediation and negotiation or with the assistance of a third party, or litigation through the court system.

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Publication Details

Journal
JUSTISI
Published
2025-04-25
DOI
https://doi.org/10.33506/js.v11i2.4213
Primary Topic
European and International Contract Law
Type
article
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article

Legal Aspects of Escrow Account Contracts from a Civil Law Perspective

Hardian Iskandar, Syafira Nurrin Qolbisyah
JUSTISI
European and International Contract Law
article

Legal Aspects of Escrow Account Contracts from a Civil Law Perspective

Hardian Iskandar, Syafira Nurrin Qolbisyah
article en

Abstract

This study aims to analyze the legal validity of agreements and the liability of rekber service providers to their consumers. The research method used is normative juridical with a descriptive analytical approach to the applicable legal regulations related to sales transactions using rekber, supplemented with a limited empirical approach. In the joint account system, buyers are required to transfer funds, which is considered as acceptance of the applicable terms and conditions. Violation of these terms results in the forfeiture of the fees that have been paid. Novelty of this study lies in the agreement of sale and purchase and the use of a joint account system as a third party. The results of the study indicate that agreements in joint account transactions have binding force as contracts between sellers and buyers. However, there is the potential for legal cancellation of the agreement if the terms and conditions are considered unfair, non-transparent, or detrimental to consumers. Conclusion This study identifies that agreements in sales transactions using joint account systems such as Shopee are considered valid if they comply with the provisions of the Civil Code and there are two alternative dispute resolution methods in the event of breach of contract or fraud, namely non-litigation efforts through mediation and negotiation or with the assistance of a third party, or litigation through the court system.

JUSTISIVol. 11(2)
Universitas Muhammadiyah Gresik (ID)
Openalex Percentile: Top 87%
European and International Contract Law
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Legal Aspects of Escrow Account Contracts from a Civil Law Perspective — Hardian Iskandar, Syafira Nurrin Qolbisyah · JUSTISI (2025) | TGRS Research Map | TGRS