ANALISIS YURIDIS TERHADAP PEMBUKTIAN DALAM MENENTUKAN KERUGIAN KONSUMEN DALAM TRANSAKSI MELALUI ELEKTRONIK (Studi Pada Badan Penyelesaian Sengketa Konsumen dan Yayasan Lembaga Konsumen Indonesia di Propinsi Lampung)

Abstract

Breaking into security systems on the Internet is happening almost every day all
over the world. The risk of transacting via the internet is very possible, intruders
managed to access computers in a protected network. If there is insecurity in the
computer network, it becomes a burden for business actors in terms of their
responsibilities. The problem in this study is the way in which standard agreements
occur through electronic means, and the power of binding agreements through
electronics in Indonesian contract law, as well as evidence in determining consumer
losses caused by standard agreements in electronic transactions. The research method
uses a normative juridical approach and an empirical approach using secondary data,
primary and tertiary data, then qualitative juridical data analysis is carried out. The
results of the study, the way a standard agreement occurs via electronic means if we
base it on Government Regulation Number 80 of 2019 concerning Trading Through
Electronic Systems, it is the same as agreements in general, if viewed from the theory of
the Consensual Principle which states that an agreement is born at the moment an
agreement is reached, then the agreement it was born on the second the receipt of an
offer (offerte). The power of binding agreements via electronic means in Indonesian
treaty law is contained in Article 1338 paragraph (1) of the Civil Code in conjunction
with Article 1320 of the Civil Code. This provision reads "All Agreements made legally
valid as law for those who make them". Evidence in determining consumer losses
caused by standard agreements in electronic transactions with the impossibility of
meeting the parties directly (faceless nature) and the absence of real bargaining
between the parties, it does not rule out the possibility of fraud or other forms of fraud
that can cause losses. for consumers due to the use of advanced technology. To prove
the existence of a loss for consumers in an electronic agreement, of course, evidence is
needed that can be used as a proof guide. Suggestion, Law enforcement officers need to
understand electronic transactions in depth, so that if there is a dispute between

business actors and consumers in this electronic transaction, they can immediately
resolve the dispute.