PERLINDUNGAN HUKUM BAGI MINDERJARIG DALAM TRANSAKSI E-COMMERCE (STUDI DI MADRASAH MU’ALLIMIN MUHAMMADIYAH YOGYAKARTA)

Muhammad Sobron Jamil, NIM.: 19103040095 (2023) PERLINDUNGAN HUKUM BAGI MINDERJARIG DALAM TRANSAKSI E-COMMERCE (STUDI DI MADRASAH MU’ALLIMIN MUHAMMADIYAH YOGYAKARTA). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The development of digital technology has had an impact on the emergence of various kinds of innovations and massive changes in the business world. Digital technology is believed to be able to sustain economic growth. The use and utilization of technology today has been widely used by a minderjarig or minors. The rapid development of technology in the business world has led to a new business model with buying and selling e-commerce transactions. Buying and selling transaction activities through e-commerce is a legal event that creates a legal relationship bound by an agreement. A minderjarig is actually do not have the legal capacity to enter into an agreement. So that the assessment and analysis in this study aims to determine legal protection for minderjarig in e-commerce transactions and to find out how legal remedies can be taken by minderjarig as a consumers. This research is a field research which is descriptive-analytical. The approach used in this research is normative-empirical. The data collection method was carried out through interviews, observation, literature studies, and documentation with informants from Madrasah Mu'allimin Muhammadiyah Yogyakarta. The analysis used by the authors in this study is qualitative analysis. Data processing in the form of interview results is processed through word forms to produce answers and conclusions for this study. Data processing in order to produce relevant results, the authors use the theory of legal protection, law enforcement theory and agreement theory. The results of this study indicate that the government has made laws and regulations regarding legal protection for minderjarig in e-commerce transactions. However, the existing laws and regulations do not comprehensively regulate and accommodate actions that must be taken by the government through related ministries or institutions to deal with problems regarding electronic systems in e-commerce transactions. Then, a minderjarig may file legal remedies through litigation by filing a lawsuit for cancellation of the agreement or through non-litigation by means of conciliation, mediation and arbitration at the Consumer Dispute Settlement Agency or using other alternative dispute resolutions in accordance with Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.

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