Perlindungan Hukum Para Pihak Dalam Transaksi Elektronik Menggunakan Sistem Bayar Nanti Pada Aplikasi Shopee

Abstract

The existence of SPayLater services makes it easier for people to buy the desired goods. But in reality, the use of SPayLater has many obstacles that cause harm to consumers, for example users do not know the legal relationship of SPayLater and the rights and obligations of the parties in the SPayLater service. This study aims to analyze the legal protection for parties in electronic transactions with the pay later system in the Shopee application and the legal consequences if consumers experience default. The research method used is normative legal research method, with the approach method, namely the statutory approach (Statue Approach) and conceptual approach (Conceptual Approach). And the technique of collecting legal materials uses a library study (Library Research). Based on the results of this study, it is concluded that legal protection for parties in electronic transaction activities with PayLater in the Shopee application has been regulated in Law Number 19 of 2016 jo. Law No. 11 of 2008 concerning Electronic Information and Transactions and Financial Services Authority Regulation Number 77 of 2016 and Shopee PayLater Service Provisions related to Legal Protection of Consumer Parties and PayLater Service Providers PT. Lentera Dana Nusantara and PT. Commerce Finance. Normatively, the parties involved in electronic transactions with the pay later system have received good protection. Furthermore, empirically, the reality has not been protected, especially in the protection of consumer personal data. Default or a process of default causes consumers to get a summons and automatically the amount of the debtor's bill is added 5% of the total funds used as a legal consequence of late payment and creates a fine that must be paid. This default also has an impact on users because it will be recorded in the OJK Financial Information Service System which will make it difficult for users in the future because these records will be seen during BI Checking when consumers will apply for credit conventionally or on other platforms.