TANGGUNG JAWAB HUKUM PERUSAHAAN E-COMMERCE DALAM PENYEDIAAN LAYANAN PAYLATER

Sudirman, S.H., NIM.: 21203012080 (2023) TANGGUNG JAWAB HUKUM PERUSAHAAN E-COMMERCE DALAM PENYEDIAAN LAYANAN PAYLATER. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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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

Item Type: Thesis (Masters)
Additional Information: Pembimbing: Dr. Abdul Mujib, M.Ag.
Uncontrolled Keywords: Paylater, E-commerce, Tanggung Jawab Hukum
Subjects: Ilmu Hukum
Depositing User: Muh Khabib, SIP.
Date Deposited: 26 Jan 2024 15:43
Last Modified: 26 Jan 2024 15:43
URI: http://digilib.uin-suka.ac.id/id/eprint/63247

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