Abstract

This study aims to analyze mechanism of responsibility in unilateral cancellation by the buyer in COD transactions through e-commerce according to positive Indonesian law and analyzing legal protection for sellers in the event of unilateral cancellation by the buyer in COD transactions through e-commerce according to positive Indonesian law. By using the normative legal research method. Research results Research results Showing the results of the study Mechanism of responsibility in unilateral cancellation by the buyer in COD transactions through e-commerce according to positive Indonesian law, Basically, the validity of a sales and purchase agreement with a COD payment system is subject to Article 1320 of the Civil Code. In the event that the buyer refuses to pay for the package of goods that have been ordered through the marketplace using the COD payment system, the buyer is considered to have committed a breach of contract because the buyer has not fulfilled the performance as agreed in the agreement then Legal protection for the seller in the event of unilateral cancellation by the buyer in a COD transaction through e-commerce according to positive Indonesian law, Legal protection for sellers who experience losses in online shop agreements due to the actions of buyers is regulated in Article 6 of Law Number 8 of 1999 concerning Consumer Protection concerning the rights of business actors, when the buyer's actions use false data, the seller is also protected by Article 45 A of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. Sellers who experience losses due to fraud committed by buyers are also protected by Article 378 of the Criminal Code concerning fraud. The seller's legal action for the losses he experiences in online shops is dispute resolution outside the court as an initial step. When the lawsuit has been registered in court, the judge is obliged to first provide the seller and buyer with the opportunity to go through the mediation process. If an agreement is not reached during the mediation process, the seller can sue the buyer based on Article 1243 of the Civil Code regarding compensation for losses, costs and interest during transactions in online shops.

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