The Concept Of Property In Online Sales Mystery Box In Indonesia

Abstract

The online buying and selling trend have become popular among various groups. Various items are sold online on marketplaces, and one of the items is the mystery box, where buyers purchase a secret box without knowing its contents. This research aims to identify the concept of property in the mystery box as an object of buying and selling transactions in Indonesian marketplaces, as well as the validity of the agreement from these transactions. This research is conducted using normative legal research methods with Statue Approach and Conceptual Approach. The results of this study indicate that the concept of property in the mystery box is relative because its contents cannot be predicted and there is an element of chance in every transaction. Therefore, the principle of individualiteit (individuality) regarding the object is not fulfilled because in property law, it is absolute for objects to be substantial and tangible to maintain its rights as stated in Article 499 of Burgerlijk Wetboek. The agreement for buying and selling mystery boxes also disregards the contra preferentum rule principle, due to the lack of information from the seller about the item that is being sold, thus it can lead to multiple interpretations and losses.

Keywords

• mystery box, online buying and selling, property rights.