PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PENERAPAN KLAUSULA BAKU OLEH PENYELENGGARA SISTEM ELEKTRONIK OYO

Djenli Anugrah Agatha Damanik, . (2022) PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PENERAPAN KLAUSULA BAKU OLEH PENYELENGGARA SISTEM ELEKTRONIK OYO. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

The problems in this study are due to consumer losses, namely unilateral cancellation of PSE OYO, miss information, double booking or transaction failure and the refund process is unclear/rejected. Then the author found an indication of the application of the standard clause. As for the formulation of the problem in this study, namely regarding legal protection for consumers against the application of standard clauses by PSE OYO and the legal consequences of applying standard clauses by PSE OYO. The research method used is normative with a statutory approach. To support the research, the writer uses data collection with primary, secondary, and tertiary data library studies. The results of the study show that there are standard clauses in the terms of use and guest of PSE OYO policy, namely in the form of transfer of responsibility, consumer rights and obligations of PSE OYO which have been guaranteed in the UUPK, UUITE, and PP 71/2019. This clause does not guarantee the existence of correct information, reliability, security, and operation of electronic systems that are accurate, and work properly. Not only that, there is also a clause that includes refusing to apply for a refund to consumers if an order is canceled on the same day as checking in without considering the reason. Legal protection that can be given to consumers is divided into 2, namely preventive, namely in the form of regulation of limiting the contents of the standard clause in article 18 UUPK and article 47 paragraph (2) UUITE which stipulates that electronic standard agreements must follow the legislation. then in terms of supervision carried out by BPSK, government, community, and consumer dispute non-governmental organizations. Repressive protection is through non-litigation, namely BPSK and litigation, namely the court. The form of accountability is absolute responsibility. Meanwhile, the legal consequences of applying standard clauses by PSE OYO are null and void based on article 18 paragraph (3) of the UUPK, and the legal consequences of applying standard clauses for consumers are the loss of not obtaining the rights guaranteed by legislation.

Item Type: Thesis (Skripsi)
Additional Information: [No.Panggil: 1810611121] [Pembimbing: Sylvana Murni Deborah Hutabarat] [Penguji 1: Dwi Aryanti Ramadhani] [Penguji 2: Andriyanto Adhi Nugroho]
Uncontrolled Keywords: Standard clause, Electronic System Operator, Protection
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S1)
Depositing User: Djenli Anugrah Agatha Damanik
Date Deposited: 10 Feb 2022 04:49
Last Modified: 10 Feb 2022 04:49
URI: http://repository.upnvj.ac.id/id/eprint/15631

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