CONSUMER PROTECTION IN CIVIL LAW: ANALYSIS OF RIGHTS AND OBLIGATIONS IN COMMERCIAL TRANSACTIONS

Abstract This study aims to analyze consumer protection from the perspective of civil law through the study of the rights and obligations of the parties in commercial transactions in Indonesia. Using the case study method, this study examines a number of court decisions relevant to consumer protection disputes, in order to identify patterns in the application of civil law principles by judicial institutions. The data was obtained through an in-depth review of legal documents, including consumer protection laws, court rulings, and related academic literature, to provide a comprehensive picture of the effectiveness of the legal protections applied. The results of the study show that there are variations in the application of consumer protection law, which is mostly influenced by the judge's interpretation of the principle of substantive justice and the compliance of business actors with laws and regulations. In addition, the study found that there are limitations in regulations that result in legal loopholes, especially in the case of electronic transactions and online services, which have the potential to reduce legal certainty for consumers. The study also revealed that consumers' lack of awareness of their rights leads to an unbalanced bargaining position in commercial transactions. The study concludes that increasing the effectiveness of consumer protection in Indonesian civil law requires strengthening more specific regulations and implementing consistent guidelines to ensure fair and transparent implementation. In addition, increasing consumer education and legal socialization is considered important so that consumers are more proactive in demanding their rights. Thus, this research contributes to the development of consumer protection legal literature in Indonesia, as well as offers practical insights that can be utilized by policymakers, business actors, and judicial institutions to improve consumer protection in commercial transactions in the digital era.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-12-02
DOI
https://doi.org/10.5281/zenodo.14258400
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

CONSUMER PROTECTION IN CIVIL LAW: ANALYSIS OF RIGHTS AND OBLIGATIONS IN COMMERCIAL TRANSACTIONS

Zenodo (CERN European Organization for Nuclear Research)
Legal and Policy Analysis in Indonesia
article

CONSUMER PROTECTION IN CIVIL LAW: ANALYSIS OF RIGHTS AND OBLIGATIONS IN COMMERCIAL TRANSACTIONS

article en

Abstract

Abstract This study aims to analyze consumer protection from the perspective of civil law through the study of the rights and obligations of the parties in commercial transactions in Indonesia. Using the case study method, this study examines a number of court decisions relevant to consumer protection disputes, in order to identify patterns in the application of civil law principles by judicial institutions. The data was obtained through an in-depth review of legal documents, including consumer protection laws, court rulings, and related academic literature, to provide a comprehensive picture of the effectiveness of the legal protections applied. The results of the study show that there are variations in the application of consumer protection law, which is mostly influenced by the judge's interpretation of the principle of substantive justice and the compliance of business actors with laws and regulations. In addition, the study found that there are limitations in regulations that result in legal loopholes, especially in the case of electronic transactions and online services, which have the potential to reduce legal certainty for consumers. The study also revealed that consumers' lack of awareness of their rights leads to an unbalanced bargaining position in commercial transactions. The study concludes that increasing the effectiveness of consumer protection in Indonesian civil law requires strengthening more specific regulations and implementing consistent guidelines to ensure fair and transparent implementation. In addition, increasing consumer education and legal socialization is considered important so that consumers are more proactive in demanding their rights. Thus, this research contributes to the development of consumer protection legal literature in Indonesia, as well as offers practical insights that can be utilized by policymakers, business actors, and judicial institutions to improve consumer protection in commercial transactions in the digital era.

Zenodo (CERN European Organization for Nuclear Research)
Pelita Harapan University (ID), Universitas 17 Agustus 1945 Cirebon (ID), Universitas 17 Agustus 1945 Samarinda (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 31%
Legal and Policy Analysis in Indonesia
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