The Responsibility Of The Parties To The Default That Occurs In Buying And Selling Electronically (studies On Tokopedia)

Feb 27, 2025 by ADMIN 121 views

The Responsibility of the Parties to Default in Electronic Buying and Selling: Tokopedia Case Study

In today's digital era, e-commerce has revolutionized the way we conduct transactions. The concept of buying and selling that was previously carried out directly has transformed into a more practical and efficient interaction through online platforms, such as Tokopedia. However, in the course of this transaction, new challenges have emerged, one of which is default. Default is a failure of one of the parties to fulfill its obligations in the contract. This article will discuss how to carry out electronic buying and selling according to the Civil Code (KUHPER), as well as the responsibilities of the parties in the event of a default.

Understanding Electronic Buying and Selling

Electronic buying and selling, especially on platforms such as Tokopedia, is carried out with various stages ranging from the selection of goods, payments, to shipping. This process is generally supported by an electronic signing system that provides security and legality to transactions. In the context of the Criminal Code, e-commerce is recognized as a new form of a valid buying and selling agreement, as long as it meets the requirements set by the law.

The Importance of Electronic Signing System

The electronic signing system plays a crucial role in ensuring the security and legality of transactions. This system provides a digital signature that serves as proof of the agreement between the buyer and seller. The digital signature is a unique code that is generated electronically and is attached to the transaction agreement. This code serves as proof of the agreement and can be used to resolve disputes in the event of a default.

Default in Electronic Buying and Selling

Default in the context of electronic buying and selling often occurs, both from the seller and buyer. For example, sellers who do not send goods according to the promised time, or buyers who do not make payments after the goods are ordered. In this case, the Criminal Code regulates various types of default, including delays, the absence of shipping, or the goods received are not in accordance with what is promised.

Types of Default

There are several types of default that can occur in electronic buying and selling. These include:

Delay: This occurs when the seller fails to deliver the goods within the agreed-upon time frame.
Absence of shipping: This occurs when the seller fails to ship the goods to the buyer.
Goods not in accordance with what is promised: This occurs when the goods received by the buyer are not in accordance with what was promised by the seller.

The Responsibilities of the Parties

In legal relations involving three parties-buyers, sellers, and e-commerce platforms such as Tokopedia-responsibility for default generally lies in the seller and buyer. Tokopedia as a platform acts as an intermediary and is not responsible for the default that occurs between the seller and the buyer. However, Tokopedia has an obligation to provide safe services and facilitate dispute resolution.

Dispute Settlement

If there is a default, the parties involved have several options to solve the problem. They can choose the litigation path by submitting a lawsuit to court, or non-litigation path with mediation and negotiation. The non-litigation approach is often more prioritized because it is faster and reduces legal costs.

Conclusion

Transformation from conventional trade to e-commerce provides many conveniences, but also presents new challenges, including in terms of default. The parties involved in electronic transactions must understand their respective responsibilities in order to minimize the risks that may occur. On the other hand, e-commerce platforms such as Tokopedia must continue to strive to increase their safety in order to protect users from unwanted problems. By understanding the legal aspects and responsibilities in electronic transactions, all parties can contribute to creating a safer and more trusted transaction environment.

Recommendations for E-commerce Platforms

E-commerce platforms such as Tokopedia must continue to strive to increase their safety in order to protect users from unwanted problems. Some recommendations for e-commerce platforms include:

Implementing a robust dispute resolution system: This can include mediation, negotiation, and arbitration.
Providing clear and concise terms and conditions: This can help to prevent misunderstandings and disputes.
Implementing a secure payment system: This can help to prevent payment disputes and ensure that transactions are secure.
Providing customer support: This can help to resolve disputes and provide assistance to customers.

Recommendations for Buyers and Sellers

Buyers and sellers must also understand their respective responsibilities in order to minimize the risks that may occur. Some recommendations for buyers and sellers include:

Carefully reading and understanding the terms and conditions: This can help to prevent misunderstandings and disputes.
Clearly communicating with each other: This can help to prevent misunderstandings and disputes.
Using a secure payment system: This can help to prevent payment disputes and ensure that transactions are secure.
Providing clear and concise information: This can help to prevent misunderstandings and disputes.

By understanding the legal aspects and responsibilities in electronic transactions, all parties can contribute to creating a safer and more trusted transaction environment.
Frequently Asked Questions (FAQs) about the Responsibility of Parties to Default in Electronic Buying and Selling: Tokopedia Case Study

In this article, we will answer some of the most frequently asked questions about the responsibility of parties to default in electronic buying and selling, particularly in the context of Tokopedia.

Q: What is default in electronic buying and selling?

A: Default in electronic buying and selling refers to the failure of one of the parties to fulfill its obligations in the contract. This can include delays, absence of shipping, or goods not in accordance with what is promised.

Q: Who is responsible for default in electronic buying and selling?

A: In general, the responsibility for default lies in the seller and buyer. However, e-commerce platforms such as Tokopedia act as an intermediary and are not responsible for the default that occurs between the seller and the buyer.

Q: What are the types of default that can occur in electronic buying and selling?

A: There are several types of default that can occur in electronic buying and selling, including:

Delay: This occurs when the seller fails to deliver the goods within the agreed-upon time frame.
Absence of shipping: This occurs when the seller fails to ship the goods to the buyer.
Goods not in accordance with what is promised: This occurs when the goods received by the buyer are not in accordance with what was promised by the seller.

Q: How can disputes be resolved in electronic buying and selling?

A: Disputes can be resolved through various means, including:

Litigation: This involves submitting a lawsuit to court.
Non-litigation: This involves mediation, negotiation, and arbitration.

Q: What is the role of e-commerce platforms such as Tokopedia in resolving disputes?

A: E-commerce platforms such as Tokopedia act as an intermediary and are not responsible for the default that occurs between the seller and the buyer. However, they have an obligation to provide safe services and facilitate dispute resolution.

Q: What are the recommendations for e-commerce platforms such as Tokopedia to increase their safety?

A: Some recommendations for e-commerce platforms such as Tokopedia include:

Implementing a robust dispute resolution system: This can include mediation, negotiation, and arbitration.
Providing clear and concise terms and conditions: This can help to prevent misunderstandings and disputes.
Implementing a secure payment system: This can help to prevent payment disputes and ensure that transactions are secure.
Providing customer support: This can help to resolve disputes and provide assistance to customers.

Q: What are the recommendations for buyers and sellers to minimize the risks of default?

A: Some recommendations for buyers and sellers include:

Carefully reading and understanding the terms and conditions: This can help to prevent misunderstandings and disputes.
Clearly communicating with each other: This can help to prevent misunderstandings and disputes.
Using a secure payment system: This can help to prevent payment disputes and ensure that transactions are secure.
Providing clear and concise information: This can help to prevent misunderstandings and disputes.

By understanding the legal aspects and responsibilities in electronic transactions, all parties can contribute to creating a safer and more trusted transaction environment.