Perbandingan Hukum UU ITE dan UUPK dalam Mengatur Kerugian Pelaku Usaha akibat Return Barang oleh Konsumen

This study analyzes the legal comparison between the Electronic Information and Transactions Law (UU ITE) and the Consumer Protection Law (UUPK) in regulating losses experienced by business actors due to the return of goods by consumers in e-commerce transactions, especially with the Cash on Delivery (COD) payment system. The research method used is normative, with a focus on the study of relevant laws and regulations. E-commerce transactions in Indonesia are growing rapidly, but the COD system often causes problems such as non-conformity of goods which leads to rejection of payment by consumers. This causes losses for business actors. This study aims to identify legal loopholes in the UUPK and the ITE Law related to the protection of business actors, and to analyze how these two laws can be implemented simultaneously to provide balanced protection. The results of the study show that although the UUPK and the ITE Law provide legal guarantees for business actors, there are no regulations that specifically regulate the division of risk and responsibility in COD transactions. Therefore, a more comprehensive regulation is needed to protect business actors from potential losses due to the return of goods. This research is expected to contribute to the development of better policies in protecting business actors and creating safer and fairer e-commerce transactions for all parties involved.

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Publication Details

Journal
Journal of Indonesian Comparative of Syari ah Law
Published
2025-08-03
DOI
https://doi.org/10.21111/jicl.v8i2.14403
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
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article

Perbandingan Hukum UU ITE dan UUPK dalam Mengatur Kerugian Pelaku Usaha akibat Return Barang oleh Konsumen

Anang Dony Irawan, Muhammad Tegar Pandu Prakoso
Journal of Indonesian Comparative of Syari ah Law
Legal and Social Justice Studies
article

Perbandingan Hukum UU ITE dan UUPK dalam Mengatur Kerugian Pelaku Usaha akibat Return Barang oleh Konsumen

Anang Dony Irawan, Muhammad Tegar Pandu Prakoso
article en

Abstract

This study analyzes the legal comparison between the Electronic Information and Transactions Law (UU ITE) and the Consumer Protection Law (UUPK) in regulating losses experienced by business actors due to the return of goods by consumers in e-commerce transactions, especially with the Cash on Delivery (COD) payment system. The research method used is normative, with a focus on the study of relevant laws and regulations. E-commerce transactions in Indonesia are growing rapidly, but the COD system often causes problems such as non-conformity of goods which leads to rejection of payment by consumers. This causes losses for business actors. This study aims to identify legal loopholes in the UUPK and the ITE Law related to the protection of business actors, and to analyze how these two laws can be implemented simultaneously to provide balanced protection. The results of the study show that although the UUPK and the ITE Law provide legal guarantees for business actors, there are no regulations that specifically regulate the division of risk and responsibility in COD transactions. Therefore, a more comprehensive regulation is needed to protect business actors from potential losses due to the return of goods. This research is expected to contribute to the development of better policies in protecting business actors and creating safer and fairer e-commerce transactions for all parties involved.

Journal of Indonesian Comparative of Syari ah LawVol. 8(2)
Universitas Muhammadiyah Surabaya (ID)
Openalex Percentile: Top 69%
Legal and Social Justice Studies
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