Jurnal IUS Kajian Hukum dan Keadilan Volume 10.
Issue 3.
December 2022.
E-ISSN 2477-815X.
P-ISSN 2303-3827 Nationally Accredited Journal.
Decree No.
158/E/KPT/2021
open access at : http://jurnalius.
The Problems Of International Civil Law Of Indonesia In Protecting Transnational E-Commerce Consumers Musleh Herry1.
Meisy Fajarani2 UIN Maulana Malik Ibrahim Malang.
Indonesia.
Email: el.
moehy77@syariah.
uin-malang.
UIN Maulana Malik Ibrahim Malang.
Indonesia.
Email : memey.
fajarani@gmail.
Received: 2022-03-10.
Reviewed: 2022-12-22.
Accepted: 2022-12-28.
Published: 2022-12-29 Abstract Technological advances on a transnational scale have had a considerable impact on all levels of Indonesian society.
One of the technological advances is the existence of gadgets.
Not only positive effects, but they also bring negative impacts.
Furthermore, the existence of gadgets continues to grow with more transactions being carried out.
Unfortunately, this can be a dispute.
The purpose of this research is to propose the problems of Indonesian International Civil Law which have not regulated and provided guarantees to protect transnational e-Commerce interests and their solutions.
The method used in this research is normative with a statutory and conceptual approach.
The results of this study are the existence of Consumer Protection Law (UUPK).
Electronic Information and Transactions Law (ITE La.
Money Supply Law .
P), and International Civil Law (HPI) of Indonesia have not provided a clear guarantee of protection related to the choice of law in transnational scale e-commerce contracts.
Besides, they also have not been able to accommodate the interests of consumers.
One of the solutions offered is concretizing the principle of the recipient country.
It is a rule that allows end-users to apply the Consumer Protection Law of their country.
This principle is excluded from consumer transactions.
This also does not apply .
e-commerce contracts.
This principle is taken from the Rome and Brussels Convention which is incorporated into the Directive, namely the Law for the EEC community (Europe Unio.
To provide legal guarantees for consumers, thus the interestsAos of consumers can be protected.
Keywords: Consumers.
E-Commerce.
Law
INTRODUCTION
We are currently in the era of industrial revolution 4.
0 with main characteristics, including the use of information technology in various fields.
One of the fields is electronic commerce .
-commerc.
Based on statistical data, in 2015, the value of e-commerce transactions in Indonesia was the highest in ASEAN with a value of US$ 7 billion in 2015.
This value was jump 94% to US$ 12.
2 billion in 2018 and predicted will grow to US$ 53 billion in 2025.
Meanwhile.
Vietnam is projected to become the country with the second-largest e-commerce transaction in ASEAN in 2025.
The total population in Indonesia reaches 268.
2 million which is the largest in Southeast Asia.
Of this number, 56 percent are urbanites who live in urban areas.
The Temasek,2018,Transaksi e-commerce asia tenggara diproyeksi mencapai Rp 1469 triliun pada 2025, (Oonlin.
AuHttps://Databoks.
Katadata.
Co.
Id/Datapublish/2018/11/30/Trasaksi-e-Commerce-Asia-Tenggara-Diproyeksi-Mencapai-Rp-1469-Triliun-Pada-2025,Ay n.
( 13 Desember 2.
DOI: http://dx.
org/10.
29303/ius.
P-ISSN: 2303-3827.
E-ISSN: 2477-815X
penetration of internet users in Indonesia reaches 150 million people or about 56 percent of the total population.
This number is the same as the number of active social media users who reach 150 million or 56 percent of the total population.
Cellular phone users .
ell phone.
5 million or 133 percent of the total population.
It means that everyone uses more than one cell phone.
Meanwhile, active social media users using cellphones reached 130 million or 48 percent of registered cellphones.
The data as presented above indicates that the potential for the development of IndonesiaAos digital economy is linear with its population which is in the largest category in Southeast Asia.
This can have a positive impact on the development of the Indonesian economy as a whole.
The Indonesian E-commerce Association .
dEA) in 2017 surveyed with results showing that online transactions through social media such as Facebook.
Instagram reached 66%.
In the top position.
Facebook takes up a market share of up to 43%.
Only 16% of sellers and buyers use the marketplace platform.
There are 7% who choose to use their website.
This survey shows the phenomenon that buyers and sellers use social media more as a place for e-commerce transactions compared to marketplace platforms that are widely available or through their websites.
The Indonesian E-commerce Association .
dEA) conducted on about 2,000 MSMEs in 10 cities in Indonesia.
The presentation of the statistical data above is an indicator of the very rapid growth of e-commerce in Indonesia.
However, preventive measures are needed to anticipate potential problems that arise behind the rapid growth of e-commerce.
One of the problems is the emergence of disputes between consumers and business actors in these electronic transactions.
At this time, e-commerce is not only penetrated in one country but also across countries due to easy access that can also be reached by all However, the problem is how the dispute resolution provided by the current e-commerce is still not friendly to consumers.
One of e-commerce is traveloka.
This marketplace is engaged in transportation services.
In terms and conditions regarding policies in the legal department.
Traveloka uses the Singapore Arbitration International Center or hereinafter referred to as SIAC.
Talking about the authority to determine the choice of law and forum that has been granted by the law above, the organizer of the electronic system .
-commerc.
has been carried out as outlined in the terms and conditions or policies.
such as Blibli which chooses Indonesian law and Indonesian court 4 lazada too,5 bukalapak6 BANI forum (Indonesian National Arbitration Boar.
Sunarto.
AuFungsi Yurisprudensi Dalam Rangka Pembangunan Hukum Perikatan Nasional,Ay (Surabaya, 2.
delivered to Seminar Pembentukan Undang-Undang Perikatan Nasional, 2-3.
Wyndo Mitra.
AuData Statistik Mengenai Pertumbuhan Pangsa Pasar E-Commerce Di Indonesia Saat Ini.
Startup Bisnis.
Datapublish, 04 januari 2019, diakses 20 Oktober 2020.
Ay http://startupbisnis.
com/data-statistik-mengenai-pertumbuhan-pangsa-pasar-e-commerce-di-indonesia-saat-ini/, n.
Blibli, syarat dan ketentuan, accessed on 12 Februari 2021 https://w.
com/faq/tentang-blibli/ syarat-ketentuan/.
Lazada, syarat dan ketentuan, accessed on 12 Februari 2021 https://w.
id/termsofuse/?spm=a2o4j.
footer_top.
2ea0755bxNDuF4.
Bukalapak, syarat dan ketentuan, accessed on 12 Februari 2021 https://bukalapak.
com/terms.
Jurnal IUS Kajian Hukum dan Keadilan 621 Jurnal IUS Kajian Hukum dan Keadil an | Vol .
10 | Issue 3 | December 2022 | hlm,622630 Meanwhile.
Traveloka chose Singapore law and the Singapore Mediation Center forum and if it is not finished, it will be resolved in the court of the Republic of Singapore.
In essence, problem-solving is a path to examine a problem that is being faced.
The cause of the problem should be analyzed so that the best solutions can be found in solving the problem.
8 Concerning the principles of international law in the field of e-commerce, it generally allows a country to regulate activities that have substantial and substantial effects.
Therefore, protection is needed for the country based on the laws in force in that country.
International Civil Law of Indonesia which is one of the legal umbrella in resolving international disputes, has not provided a firm guarantee of protection related to the choice of law in e-commerce contracts on a transnational scale so that a legal gap appears.
The above potentials occur when the choice of jurisdiction is not in accordance with the consumerAos domicile.
The choice of law is also not the same as the law of the consumerAos domicile.
The transaction value is Rp.
1,000,000.
The choice of jurisdiction is the Jakarta District Court.
The consumerAos domicile is in Papua.
The choice of jurisdiction and law is referenced from Singapore.
The parties are domiciled in Indonesia.
This indirectly prevents consumers from accessing it because accommodation towards the jurisdiction and law locus is more expensive than the value of the disputed transaction.
So the adage Audemands the loss of a goat, even a missing cowAy is applies in this context.
In this regard, there is still a void in norms related to the resolution of transnational e-commerce transaction disputes that are experienced by many people who act as consumers.
In terms of dispute resolution, most civil law countries adhere to the principle of the country of reception, namely rules that allow end-users to apply the Consumer Protection Law of their country.
This principle is excluded from consumer transactions.
It does not apply to e-commerce contracts between entrepreneurs.
This principle is taken from the Rome Convention and the Brussels Convention which has become the law for the EEC community (Europe Unio.
To overcome the legal gap in the resolution of transnational e-commerce disputes, it is necessary to carry out legal reforms that adapt the implementation of the country of reception principle into Indonesian regulations so that the interests of consumers can be protected.
The focus of the discussion in this paper is to explain that until now when Indonesian have used the internet as a new style but existing regulations or norms have not been able to provide a sense of security or side with consumers who are shopping with Transnational e-commerce.
The choice of forum is also legal on terms and conditions as if it only favors business actors and does not accommodate the interests of consumers.
There is research that also discusses related to consumer dispute resolution, namely Sarman Sinaga Reconstruction of business dispute resolution in electronic transactions Traveloka, syarat dan ketentuan, diakses pada tanggal 12 Februari 2021 https://w.
com/termsandconditions, .
Februari 2.
Muhammad Faiz Aziz and Muhamamd Arif Hidayah.
AuPerlunya Pengaturan Khusus Online Dispute Resolution (Od.
Di Indonesia Untuk Fasilitasi Penyelesaian Sengketa E-Commerce,Ay Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 9, no.
: 275.
622 Jurnal IUS Kajian Hukum dan Keadilan P-ISSN: 2303-3827.
E-ISSN: 2477-815X (E-Commerc.
based on a dissertation of the Faculty of Law of Islam Sultan Agung University.
Semarang in 2019.
His research was focused on resolving business disputes in electronic transactions ( e-commerc.
now does not reflect the value of justice.
While this research is about building protection for e-commerce consumers by concretizing the Country of Reception Principle derived from the Rome Convention and the Brussels Convention to be applied to existing norms in Indonesia so that when a transnational dispute occurs.
Indonesian consumers can resolve it at their domicile until they do not live cause lasting loss.
The research method used in this paper is a normative research type with a statutory and conceptual approach.
The types and sources of data used in this study are primary legal sources, secondary and tertiary sources of law.
Data collection techniques used are literature studies on laws, regulations, books, state documents, research reports, and scientific journals related to this research.
The technique of analyzing legal materials is a grammatical, systematic, and authentic interpretation method.
DISCUSSION