Electronic Standard Contract Law From the Perspective of Consumer Protection

Abstract

Electronic commerce (e-commerce) is now an established practice that is governed by national laws. Electronic agreement/contract is a conventional agreement with a propensity to harm consumers. A standard agreement is required in commercial practice, but its legality remains contested due to the nature of the agreement itself. However, its status is acknowledged and governed by the Consumer Protection Act. Consequently, the purpose of this study is to determine how the legislation of electronic standard agreements relates to consumer protection. This study is normative legal research employing both a statutory and a conceptual method. Results indicate that the standard electronic agreement is valid and does not contradict with Article 18 of Law No. 8 of 1999, Article 1320 of the Civil Law Law, and Article 9 of Law No. 11 of 2008. Research also found that so far the standard agreement tends to harm consumers because it is misused by producers by providing conditions that are very detrimental to consumers such as a standard clause that goods purchased cannot be returned, Damaged/lost goods are not the responsibility of the producer. From the research it was also found that       BPSK and LPKSM as non-governmental institutions that have the task of protecting consumers have not carried out their roles properly.