CRIMINATION OF MISSING RETURNED PRODUCT TRANSACTIONS IN THE TOURISM INDUSTRY PERSPECTIVE
Rathna Anggreany Nangi, I Ketut Widia, I Nyoman Sugiartha
Magister of Law, Universitas Warmadewa
Abstract
New e-commerce is clearly and specifically regulated on March 11, 2014 with the enactment of Law Number 7 of 2014 concerning Trade. Previously, e-commerce rules only relied on the ITE Law and the Civil Code in its implementation. But after Law No. 7 of 2014 concerning Trade is ratified by the government, so the principle of Lex specialis deregat legi applies to the law which regulates specifically regarding e-commerce. In its implementation, E-commerce experiences problems, especially those related to contracts, consumer protection, protection of business actors, tax jurisdiction and digital signatures. The solution to the problem of missing return product has been in an effort to take a non-ligative solution to prevent a wider impact, especially in the world of tourism. But it is also possible to take the ligitation route, because law enforcement has a great influence, on the security situation and the countrys image in ensuring a sense of security for tourists and maintaining public trust in the tourism sector. Therefore, solving e-commerce problems should take non-ligitation methods, or Alternative Dispute Resolution, so as to maintain public trust, especially consumers. The state, in this case the government as the state organizer, should form a special institution that can mediate settlement, if there are cases in E-Commerce transactions. This is important to be able to maintain the image of state security, which has a big influence in the world of tourism.
Keywords: E-Commerce, missing return product, tourism
Topic: Law in tourism