PERLINDUNGAN HUKUM BAGI KONSUMEN BERKAITAN DENGAN PENCANTUMAN DISCLAIMER OLEH PELAKU USAHA DALAM SITUS INTERNET (WEBSITE)
Abstract: This Research is
entitled “Legal Protection for Consumers Related to the Inclusion of Disclaimer
by Business Owner in Website”. The problems of the present study are: first,
how the inclusion of disclaimer in websites in Indonesia is like; second, what
the legal protection for consumers related to the inclusion of disclaimer by
business owner in websites is like.
The method used in the present study is the normative legal research. The
results of the study showed: first, no norm regulating disclaimer in the Act
Number 11 of 2008 concerning the electronic information and transaction which
specifically regulate activities in the cyberspace. However, if generally
viewed from the protection for consumers in the Act Number 8 of 1999 concerning
Protection for Consumers, most inclusions of disclaimer in the website is
classified as exoneration clausal which is partially prepared by business
agents to avoid what they are supposed to be responsible for. Second, the form
of legal protection needed by consumers in the internet is still weak. However,
the general legal protection for consumers may be provided through: a) Being
preventive: Reliability Certification
Board ‘Lembaga Sertifikasi Keandalan’(LSK) which is supposed to give certification
for every internet site already regulated by the Regulation of the Republic of
Indonesia Number 82 of 2012 concerning the Implementation of Electronic System
and Transaction which is a derivative of
Article 10 clause (2) of the Act Number 11 of 2008 concerning Electronic
Information and Transaction; b) being repressive: through Litigation Lane which
may be done by submitting a civil suit and civil sanction based on the Act
Number 11 of 2008 concerning Electronic Information and Transaction. Another
alternative is through the Non Litigation lane, that is, the Arbitrate Lane,
which is settled using the Alternative of Dispute Settlement
Keywords: Disclaimer, Legal
Protection, Consumer Protection, Website, Electronic Information and
Transaction
Penulis: Ni Putu Ria Dewi
Marheni
Kode Jurnal: jphukumdd140238
