eprintid: 63247
rev_number: 11
eprint_status: archive
userid: 12460
dir: disk0/00/06/32/47
datestamp: 2024-01-26 08:43:30
lastmod: 2024-01-26 08:43:38
status_changed: 2024-01-26 08:43:30
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Sudirman, S.H., NIM.: 21203012080
title: TANGGUNG JAWAB HUKUM PERUSAHAAN E-COMMERCE DALAM PENYEDIAAN LAYANAN PAYLATER
ispublished: pub
subjects: il_huk
full_text_status: restricted
keywords: Paylater, E-commerce, Tanggung Jawab Hukum
note: Pembimbing: Dr. Abdul Mujib, M.Ag.
abstract: Fintech P2P Lending in Indonesia has grown rapidly in recent years. However,
behind the development there were many problems in its implementation, research
fromAftech shows that 18% of fintech which provides lending and borrowing activities
has experienced a digital attack. Company E-commerce as a partner of the organizer in
providing servicesPaylater has a very large role in the process of distributing loans to
loan recipients. However, with this role there are no rules that clearly regulate the
position e-commerce. Therefore, in this research the authors want to explain the legal
relationship between the loan recipient and the company e-commerce? and why the
company e-commerce must be responsible for providing services Paylater?
This type of research is normative juridical legal research. The point is that this
research is research that describes, explains, analyzes the responsibilities of ecommerce
companies in their role as providing P2P loan services and develops the
concept of future legal regulations. Data collection was carried out by identifying and
inventorying statutory regulations, examining library materials (writings and scientific
works) and other sources of legal materials that were relevant to the legal issues in this
research.
The results of this research show that: 1) if we refer to the existing loan contract,
it can be seen that the two have a legal relationship, but the loan contract does not
explain their position. e-commerce towards the loan recipient, whereas if the UUPK
refers to the legal relationship that is formed between-commerce and loan recipients
can be seen as business actors and consumers. 2) Company E-commerce is considered
legally responsible for any losses experienced by the loan recipient based on the
existence of a legal relationship formed due to the loan contract and their status as a
business actor. This responsibility uses the concept of product responsibility (product
liability) with the principle of absolute responsibility (strict liability). By enforcing
principles strict liability in the law about product liability does not mean the company
ecommerce in their role as business actors do not receive protection. Company Ecommerce
can be free from responsibility if the company e-commerce can prove that
the losses suffered by the loan recipient in using the loan services provided were the
loan recipient's fault
date: 2023-11-01
date_type: published
pages: 136
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: masters
thesis_name: other
citation:   Sudirman, S.H., NIM.: 21203012080  (2023) TANGGUNG JAWAB HUKUM PERUSAHAAN E-COMMERCE DALAM PENYEDIAAN LAYANAN PAYLATER.  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/63247/1/21203012080_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/63247/2/21203012080_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf