Settlement Of Civil Disputes Regarding Incompatibility Of Objects Of Online Purchase

The thing to remember is that buying and selling online is on the principle is the same as the factual sale and purchase on generally. Consumer protection law related to sale transactions even buying online as we previously explained is no different with the applicable law in real buying and selling transactions. The difference is only in the use of internet facilities or means other telecommunications. The result is in buying and selling transactions online it is difficult to do execution or real action if there is a dispute or a criminal act of fraud. Deep cyber nature transactions electronically allows everyone either the seller not the buyer disguises or falsifies the identity inside every transaction or sale and purchase agreement. In the event that the business actor or seller is using an identity fake or gimmick in buying and selling online, then business actors can also be convicted based on Article 378 of the Book The Criminal Code (“KUHP”) on fraud and Article 28 paragraph (1) of the ITE Law on spreading fake news and misleading which results in consumer losses in Electronic Transactions.


Introduction
The risk of buying and selling online transactions described above, no It can be denied that the act of fraud and inappropriate goods with the specifications that have been described can occur and be experienced by buyer. Before the transaction occurs, the description of the risks above emphasizes on legal principles that apply in the real world. When in the world real, the principle of law or the rule of law that applies is no exception to the principle or unwritten legal rules in society (custom), have know the time and place of the transaction and when it occurred transactions can apply, in contrast to buying and selling online that does not exist limitation of time and place of occurrence of transactions because in technology networks information when more sophisticated information technology is used The seller can respond to the buyer automatically through the settings arranged. So that the principles of law in the real world are contradictory with the legal principles that apply in buying and selling online, this is what into a dynamic development of people's habits of life so that it doesn't It can also be denied that there is a risk of fraud because there is no physical contact between sellers and buyers in online buying and selling events.
In this connection, it is necessary to emphasize that the case of buying and selling objects this mismatch has very little in common with the case fraud, the difference is that at the beginning of the activity, that is with agreements and agreements on which the initial basis is is part of the realm of civil law. This is, in principle or The rule of civil law is commonly known as the legal agreement that occurs prior to an agreement between the two parties (seller and c. Did what he promised but was too late; d. Doing something that is according to the agreement is not allowed did.
If one of the 4 kinds of conditions occurs, it is civil can sue online sellers on the pretext of default (for example, the goods received do not match the specifications of the goods which 1 Teguh Arifiyadi, Perlindungan Hukum Bagi Konsumen Belanja Online,https://www.hukumonline.com/klinik/detail/ulasan/lt50bf69280b1ee/perlindungan-konsumen-dala-ecommerce, dipublikasikan 18 Oktober 2018, is loaded in the display home page / website). The quote above, is one of several questions Similar questions regarding non-conforming goods problems advertisements on the internet.
By law, consumers get legal certainty when buying goods that are not in accordance with the specifications of the goods advertised. Please note, that the default lawsuit is based on the provisions of the Civil Code as the legal basis for private law, especially personal law and property law. 2 Although in principle, the legal act of buying and selling online is different from the substance of the law which are regulated in the Civil Code, but are essentially the same, 3 namely actions sale and purchase law so that the legal principles of the Civil Code can apply in the act of buying and selling online on the basis of default if one of the parties does not fulfill the agreement that has been mutually agreed.

Sub Title
Not much different between default and fraud in the legal act of buying and selling via social media, the equation is only lies in the impact experienced by the buyer, namely losses.
However, It needs to be underlined that the difference is the action the law. Buying and selling online is carried out on the basis of the principle of the law of objects, that is begins with an agreement which in particular civil law regulated in the Civil Code regarding the engagement subject, so that on the basis of The agreement is then made an agreement. If one party did not keep his promise, in terms of buying and selling online one party did not keep his promise then can be sued on the basis of a lawsuit for default. By therefore, the legal act of buying and selling online enters the realm of civil law, because of the legal impact on the parties involved in the act the law is limited to those involved in the agreement. Different with criminal law, which has a public nature, if the element of fraud applied to the legal act of buying and selling online then it does not fulfill element of fraud because when viewed from the aspect of the legal action it is included in the category of civil law.