Klausula Baku & Konsumen: Keadilan Kontrak di Era Belanja Online (Studi Kasus Shopee)

Abstract

The rise of digital transactions has made click wrap agreements the primary form of agreement on e-commerce platforms, including Shopee. Click wrap agreements require users to agree to terms that have been unilaterally determined, with the entire agreement consisting of standard clauses. However, the existence of standard clauses raises doubts about the protection of consumer rights. This study is based on two main questions, namely whether Shopee's click wrap agreement provides adequate protection for consumer rights, and how legal measures can be applied to strengthen such protection in the context of the standard clauses used by the platform. The method used is a normative juridical approach accompanied by a Shopee consumer questionnaire. The results of the study show that there are liability limitation clauses that have the potential to harm consumers and are not in line with the Consumer Protection Law, as well as information that is difficult to understand. Therefore, improvements in the presentation of agreements, more effective supervision, and legal mechanisms that support consumer protection are needed.