Terms and Condition Pada Aplikasi E-Commerce: Apa Saja Aspek Hukumnya?

Abstract

Legal certainty is basically the main goal of law, where the law must be obeyed and implemented properly. Exoneration clauses or transfer of responsibility are actually often found interms and condition in the applicatione-commerce, including on the Shopee Application. The aim of this research is to analyze the form of exoneration clauses terms and condition on the Shopee Application. The type of legal research used is normative, using an approach to legal rules and concepts. The method of collecting data was carried out by literature study. The method of analyzing data in this research uses analytical descriptive. The results of the research found that the form of the exoneration clause interm and condition in the Shopee application it is written electronically which can be found through the account login process, settings, policies and terms of service which are then spread out in several parts therein. Its legal position is prohibited, as stated in Article 18 Paragraph (1) letter a of Law Number 8 of 1999 concerning Consumer Protection. Useterms and condition not in accordance with the legal system in Indonesia. Legal certainty has thus not yet been realized.

Keywords

• aplikasi e-commerce
• kepastian hukum
• klausula eksonerasi
• terms and condition
• application e-commerce
• exoneration clause
• legal certainty
• terms and condition