Personal Liability For Loss Of Business Of Consumer In Electronic Transaction Using The Standard Contract

Abdul Halim Barakatullah

Abstract


Standard contract in electronic transactions in the business-to-consumer as contract
online is offered by business actor to consumers in the form of ‘take it or leave it’. Almost
all standard contracts in electronic transaction cannot be negotiated. These contracts are
businesses utilized to circumvent and ignore the rights of electronic consumers. This electronic
transaction has its own characteristics when compared to conventional transactions. Based
on the principle of contract freedom, then the contract can be made in any form and binding
as law for the parties. Therefore the consumer protection should be equated with consumer
conducting transactions conventionally. Under the provisions of UUPK stated that businesses
are prohibited from creating a standard clause in the contract that the form of the transfer
of responsibility. Consequently, the violation of the provisions of the standard clause that
has been set by the business is declared null and void. The principle of responsibility is also
adopted in principle of the presumption of UUPK is to always be responsible (presumption
of liability principle) by the burden of reversed proof. For greater protection for consumers
in electronic transactions, it is right in Indonesia to implement the principle of absolute
liability in providing maximum legal protection for consumers in transactions in cyberspace.
Keywords: Business Actors, Electronic Transactions Consumer, Contracts Materials,


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DOI: https://doi.org/10.32801/lamlaj.v1i2.14

DOI (PDF): https://doi.org/10.32801/lamlaj.v1i2.14.g12

DOI (PDF): https://doi.org/10.32801/lamlaj.v1i2.14.g13

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