The Legal Liability of Business Actors for Products Not Described in E-Commerce Transactions

Abstract

The development of electronic transactions through e-commerce platforms has changed global trade patterns, but has given rise to serious legal issues related to the discrepancy between products received by consumers and the descriptions displayed by business actors. This study aims to analyze the legal status of product descriptions in electronic sales agreements and construct the form of legal responsibility of business actors for products that do not match the descriptions in e-commerce transactions. This study uses legal protection theory, contract theory, and legal responsibility theory as the analytical framework. The method used is normative legal research with a statutory approach, a conceptual approach, and a case approach, supported by limited interviews with legal academics. Legal materials were obtained from primary, secondary, and tertiary legal materials, which were analyzed using normative qualitative methods with grammatical, historical, and teleological interpretations. The research findings indicate that product descriptions in e-commerce transactions are an integral part of the legally binding agreement between the parties based on Article 1320 and Article 1458 of the Civil Code. Discrepancies between product descriptions and goods received by consumers can be qualified as a breach of contract and a violation of consumer rights based on Article 4 letter c, Article 7 letter b, and Article 8 paragraph (1) letter f of the Consumer Protection Law. Legal liability for business actors can be pursued through three legal domains: civil liability based on breach of contract, administrative liability based on Government Regulation Number 80 of 2019, and consumer protection liability based on the principle of strict liability as stipulated in Article 19 of the Consumer Protection Law. This research conceptually proposes the development of a shared responsibility framework between marketplace platforms and business actors to ensure more effective consumer protection in digital transactions.