Tanggung Jawab Hukum Platform E-Commerce atas Wanprestasi Penjual dalam Perikatan Jual Beli Daring

Transactions conducted through e-commerce platforms raise legal issues when sellers fail to fulfil their obligations under online sales agreements, while consumers rely on platforms for product information, payment facilities, and complaint handling. The central issue concerns the allocation of legal responsibility between sellers, as parties to sales contracts, and platforms, as providers of electronic commerce facilities. This study aims to analyse sellers' liability for breach of contract and to determine the legal basis and limits of e-commerce platforms' responsibility for consumer losses. It employs a normative juridical method using statutory and conceptual approaches. The primary legal materials include the Indonesian Civil Code, Law No. 8 of 1999 on Consumer Protection, legislation governing electronic information and transactions, and Government Regulation No. 80 of 2019 on Trading Through Electronic Systems. Secondary legal materials, including scholarly literature and previous studies, are examined through qualitative legal analysis and interpretation. The analysis indicates that breaches involving non-delivery, goods that do not conform to the agreement, or delayed delivery generally fall within the seller's contractual responsibility to the buyer. However, a platform's role as a provider of electronic commerce facilities does not automatically exempt it from liability. The platform's responsibility must be assessed in light of its own legal obligations, its actual role in the transaction, any breach or omission attributable to it, and the connection between that breach and the consumer's loss. Accordingly, liability must be determined by reference to the specific legal relationships and applicable legal provisions rather than the platform's intermediary status alone. This study highlights the need for a systematic interpretation of contract law and consumer protection rules to strengthen legal certainty for parties involved in online sales transactions.

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Publication Details

Journal
CENDEKIA Jurnal Penelitian dan Pengkajian Ilmiah
Published
2026-10-26
DOI
https://doi.org/10.62335/cendekia.v3i10.3138
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

Tanggung Jawab Hukum Platform E-Commerce atas Wanprestasi Penjual dalam Perikatan Jual Beli Daring

Dindin Syarief Nurwahyudin, Chaira R. Lambogo, Suleman Hasan, Zaskia Chika Sukerta et al.
CENDEKIA Jurnal Penelitian dan Pengkajian Ilmiah
Indonesian Legal and Regulatory Studies
article

Tanggung Jawab Hukum Platform E-Commerce atas Wanprestasi Penjual dalam Perikatan Jual Beli Daring

Dindin Syarief Nurwahyudin, Chaira R. Lambogo, Suleman Hasan, Zaskia Chika Sukerta, Obetsius Stive Kalangit
article en

Abstract

Transactions conducted through e-commerce platforms raise legal issues when sellers fail to fulfil their obligations under online sales agreements, while consumers rely on platforms for product information, payment facilities, and complaint handling. The central issue concerns the allocation of legal responsibility between sellers, as parties to sales contracts, and platforms, as providers of electronic commerce facilities. This study aims to analyse sellers' liability for breach of contract and to determine the legal basis and limits of e-commerce platforms' responsibility for consumer losses. It employs a normative juridical method using statutory and conceptual approaches. The primary legal materials include the Indonesian Civil Code, Law No. 8 of 1999 on Consumer Protection, legislation governing electronic information and transactions, and Government Regulation No. 80 of 2019 on Trading Through Electronic Systems. Secondary legal materials, including scholarly literature and previous studies, are examined through qualitative legal analysis and interpretation. The analysis indicates that breaches involving non-delivery, goods that do not conform to the agreement, or delayed delivery generally fall within the seller's contractual responsibility to the buyer. However, a platform's role as a provider of electronic commerce facilities does not automatically exempt it from liability. The platform's responsibility must be assessed in light of its own legal obligations, its actual role in the transaction, any breach or omission attributable to it, and the connection between that breach and the consumer's loss. Accordingly, liability must be determined by reference to the specific legal relationships and applicable legal provisions rather than the platform's intermediary status alone. This study highlights the need for a systematic interpretation of contract law and consumer protection rules to strengthen legal certainty for parties involved in online sales transactions.

CENDEKIA Jurnal Penelitian dan Pengkajian IlmiahVol. 3(10)
State University of Gorontalo (ID)
Openalex Percentile: Top 4%
Indonesian Legal and Regulatory Studies
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