Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022)

Legal Studies Against Default in Sales and Purchase Agreements According to Law No. 8 of 1999 Concerning Consumer Protection

Authors
Marven Kasenda1, *, Henry Lumenta1
1Faculty of Social Science, Manado State University, Manado, Indonesia
*Corresponding author. Email: marvenkasenda@unima.ac.id
Corresponding Author
Marven Kasenda
Available Online 17 January 2023.
DOI
10.2991/978-2-494069-35-0_217How to use a DOI?
Keywords
Consumer protection; Buying and selling electronic goods; Rights; Obligations
Abstract

The abundance of rights in consumer protection is caused by the fact that consumers are important economic actors because, in the absence of consumers in producing goods or services, an economy will not run. If the products/services produced are not following the demand from the constituents, then consumer satisfaction will be minimal. Hence, there is inequality in the economy and the production of a good or service. However, there are still many things that have not been regulated in protecting consumers, especially electronic goods, and the lack of socialization about the rights and obligations of the parties, both sellers and consumers. Therefore, the author wants to formulate the problem in this study as follows “How is the regulation of rights and obligations of the parties in the sale and purchase agreement of electronic goods?”. The theory used in this study is the idealized theory of the state of law that the law should be made a commander in the dynamics of state life. This research uses normative research methods, which examine the laws conceptualized as applicable norms or rules by researching through books or literature y yang, often referred to as literature studies. The parties have their respective rights and obligations, including for buyers to have rights such as comfort, security, and security in consuming these goods. Besides that, they can choose and extinguish goods and/or services per the seller's exchange rate, conditions, and guarantees. However, buyers also have obligations such as paying according to the previously agreed exchange rate. Business actors have rights such as getting payments following the agreement and getting legal protection from consumers who do not have good faith. The obligations of business actors are in good faith in carrying out their business activities, providing true, clear, and truthful information about the condition of the goods and/or services being traded, and so on. The rights and obligations of the parties to the sale and purchase agreement have been regulated. However, it is better to reproduce or be given specifics regarding the agreement for the sale and purchase of electronic goods in conventional and electronic transactions to protect the parties because good faith alone cannot be a reference. Because there is no clear classification of the extent to which we determine the good faith of a person or a legal subject.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
17 January 2023
ISBN
10.2991/978-2-494069-35-0_217
ISSN
2352-5398
DOI
10.2991/978-2-494069-35-0_217How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

TY  - CONF
AU  - Marven Kasenda
AU  - Henry Lumenta
PY  - 2023
DA  - 2023/01/17
TI  - Legal Studies Against Default in Sales and Purchase Agreements According to Law No. 8 of 1999 Concerning Consumer Protection
BT  - Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022)
PB  - Atlantis Press
SP  - 1817
EP  - 1824
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-35-0_217
DO  - 10.2991/978-2-494069-35-0_217
ID  - Kasenda2023
ER  -