Tinjauan Yuridis terhadap Wanprestasi dalam Perjanjian Jual Beli Online melalui Platform Shopee berdasarkan Kitab Undang-Undang Hukum Perdata

Abstract

The development of information technology has significantly changed the pattern of buying and selling transactions in society. One form of electronic commerce that is widely used is transactions through the Shopee platform. The convenience of conducting online transactions cannot be separated from various legal problems, one of which is default by one of the parties to a sales agreement. Default may occur when the seller fails to deliver goods according to the agreement, the goods received by the buyer do not correspond to the order, or one of the parties fails to perform its obligations as agreed. This research aims to analyze the forms of default in online sales agreements through the Shopee platform and the legal consequences arising under the Indonesian Civil Code. This research uses normative juridical methods with a statutory and conceptual approach. Data were obtained through literature studies of legislation, legal books, and scientific journals related to contract law and electronic transactions. The results show that breach of contract in Shopee transactions may take the form of failure to deliver goods, discrepancies between the goods received and the order, damaged goods, and failure to fulfill payment obligations. The legal relationship between the parties is based on Articles 1320, 1338, and 1457 of the Indonesian Civil Code, while the legal consequences include fulfillment of the agreement, cancellation, and/or compensation under Articles 1243 and 1267. Buyer protection is supported by the Consumer Protection Law and dispute resolution mechanisms available in electronic transactions.