PELINDUNGAN KONSUMEN TERHADAP KLAUSUL LIMITATION OF LIABILITY DALAM TRANSAKSI E-COMMERCE (STUDI KASUS PADA PLATFORM OLX)
Nichelle Arien Wijaya, Alfatika Aunuriella Dini, S.H., M.Kn., Ph.D.
2025 | Skripsi | ILMU HUKUM
This research is motivated by the rampant use of limitation of liability clauses in the terms and conditions of e-commerce platforms such as OLX, which often creates legal uncertainty for consumers. E-commerce is growing rapidly in Indonesia, but it is not accompanied by adequate regulations to protect consumer rights. Many cases of fraud and consumer losses cannot be followed up effectively due to the existence of these clauses. Therefore, this study aims to analyze whether consumers still have legal remedies despite the limitation of liability clause and how the limit of liability between platform providers and sellers should be determined proportionally.
This research uses a normative legal approach by examining primary (such as UUPK, UU ITE, and OLX terms) and secondary (legal literature and interviews) legal materials. The analysis is conducted qualitatively to assess the suitability of the limitation of liability clause with consumer protection principles and dispute resolution practices, especially related to fraud on platforms such as OLX.
The results show that despite the limitation of liability clause, consumers still have the right to claim compensation based on Article 19 and Article 23 of UUPK. In addition, platform providers cannot completely escape liability, especially if they fail to provide an effective reporting or monitoring system. Therefore, the limit of liability should be determined proportionally between the platform provider and the seller. This research recommends the need to revise e-commerce regulations, strengthen the consumer protection system, and increase legal education for consumers to strengthen their position in digital transactions.
Kata Kunci : Pelindungan Konsumen, Klausul Limitation of Liability, E-Commerce, Iklan Baris Online