Pelindungan Hukum dan Upaya Penyelesaian Bagi Penjual yang Mengalami Kerugian Akibat Klausula Program Garansi Bebas Pengembalian Barang dan/atau Dana di Shopee
Kania Kusuma Dewi, Sa’ida Rusdiana, S.H., LL.M.
2025 | Skripsi | ILMU HUKUM
This legal writing aims to identify and analyze legal protection for sellers as well as the dispute resolution efforts taken by sellers who suffer losses due to The Free Return Guarantee Program Clause on Shopee.
This legal research uses a type of juridical-empirical method and is analytically descriptive. Juridical research was conducted by literature study of primary, secondary, and tertiary legal materials to obtain secondary data, while empirical research was conducted by interviewing respondents to obtain primary data. The research data was analyzed using qualitative methods and presented in descriptive form.
Based on the results of this research, two conclusions can be drawn. First, the inclusion of the Return Guarantee Program clause on Shopee disadvantages sellers, as the unilateral return mechanism based solely on a change of mind is applied without due consideration of the sellers’ interests. As a result, sellers are not afforded adequate internal legal protection in the implementaion of the partnership agreement. Meanwhile, external legal protection is grounded in existing statutory regulations, but such regulations do not contain detailed provisions regarding partnership agreements, and Shopee does not fulfill several legal obligations as required. Second, the resolution efforts made by sellers affected by these clauses are generally through filing complaints to customer service Shopee. However, in practice, this approach often fails to achieve a win-win solution, leading sellers to pursue dispute resolution through the court system.
Kata Kunci : Pelindungan Hukum, Perjanjian Kemitraan, E-Commerce