Legal Responsibility of Marketplaces in Online Buying and Selling Transactions in Indonesia An Analysis of the Effectiveness of Digital Consumer Protection
Main Article Content
Abstract
Background. This study analyzes the effectiveness of consumer protection regulations in online buying and selling transactions in Indonesia by highlighting the gap between normative legal certainty and real protection experienced by consumers in the digital marketplace ecosystem. The scope of the study includes the implementation of consumer protection laws in e-commerce transactions as well as structural, institutional, and sociological factors that hinder their effectiveness.
Aims. The research aims to critically examine the application of the applicable legal framework in practice and to identify systemic causes of repeated violations, such as mismatches in goods, misleading product information, and limitations in consumer rights recovery mechanisms.
Method. The method used is normative legal research, drawing on legislative, conceptual, and analytical-critical approaches. Primary legal materials consist of laws and regulations related to consumer protection and electronic transactions, supported by secondary legal materials from reputable international journals, OECD and UNCTAD reports, and documentation of consumer complaints over the last five years. Data were collected through literature review and document analysis, with validation using source triangulation and theory.
Results. The results of the study show that although the normative framework for consumer protection in Indonesia is relatively comprehensive, its implementation in e-commerce remains weak due to weak law enforcement, low consumer legal literacy, fragmentation of responsibilities among digital business actors, and regulatory ambiguity regarding the role of marketplaces.
Conclusion. Using Legal System Theory, information asymmetry, contractual justice, and economic analysis of the law, this study concludes that consumer protection remains dominant in the books but has not fully functioned in practice.
Implementation. It is necessary to strengthen market accountability, simplify digital dispute-resolution mechanisms, and increase consumer legal literacy.
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References
Benöhr, I. (2020). EU consumer law and human rights. Oxford University Press.
Calo, R., & Rosenblat, A. (2020). The taking economy: Uber, information, and power. Columbia Law Review, 117(6), 1623–1690.
Cortés, P. (2020). Online dispute resolution for consumers in the European Union. International Journal of Law and Information Technology, 28(3), 231–258. https://doi.org/10.1093/ijlit/eaaa008
European Commission. (2023). Consumer conditions scoreboard 2023. Publications Office of the European Union.
Friedman, L. M. (2019). The legal system: A social science perspective (Updated ed.). Russell Sage Foundation.
Hodges, C., Benöhr, I., & Creutzfeldt, N. (2021). Consumer ADR and collective redress: A comparative perspective. Hart Publishing.
Micklitz, H.-W., & Weatherill, S. (2021). The transformation of consumer law in the digital age. Journal of Consumer Policy, 44(1), 1–21. https://doi.org/10.1007/s10603-020-09452-1
OECD. (2022). Consumer policy and fraud: Evidence, policy responses, and consumer empowerment. OECD Publishing. https://doi.org/10.1787/1c8b13c8-en
OECD. (2024). Dark commercial patterns and consumer protection. OECD Publishing.
Posner, R. A. (2014). Economic analysis of law (9th ed.). Wolters Kluwer.
UNCTAD. (2021). Consumer protection in e-commerce. United Nations Conference on Trade and Development.
UNCTAD. (2023). Digital economy report 2023: Cross-border data flows and development. United Nations.
Weatherill, S. (2020). Consumer law in the digital economy: Why we need a new approach. European Review of Contract Law, 16(3), 201–223.
National Law Sources
Indonesia. (1999). Law Number 8 of 1999 concerning Consumer Protection.
Indonesia. (2008). Law Number 11 of 2008 concerning Information and Electronic Transactions.
Indonesia. (2016). Law Number 19 of 2016 concerning Amendments to the ITE Law.
Ministry of Trade of the Republic of Indonesia. (2020). Regulation of the Minister of Trade Number 50 of 2020 concerning Provisions for Business Licensing, Advertising, Coaching, and Supervision of Business Actors in Trade Through Electronic Systems.
National Consumer Protection Agency. (2021–2024). Consumer complaint report in the e-commerce sector. BPKN RI.