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Criminalization On Missing Returned Product Transaction In Tourism Industry Perspective
I Nyoman Putu Budiarta, Rathna Anggreany Nangi, and I Nyoman Sugiartha

Program Magister Ilmu Hukum, Universitas Warmadewa Denpasar


Abstract

A new e-commerce is clearly and specifically regulated on March 11, 2014 by enacting Law Number 7 of 2014 concerning Trade. Previously, e-commerce rules only relied on Electronic Information and Transaction information or ITE Law and Civil Code in its implementation. But after Law No. 7 of 2014 concerning Trade is being ratified by the government, thus the principle of Lex specialis derogat legi applies to the law which regulates specifically regarding e-commerce. This study aims to describe the implementation of E-commerce law based on Law Number 19 of 2016 concerning Electronic Information and Transactions and to identify the impacts of criminal settlement in a missing returned product transaction in tourism industry perspective between PT. Fashion Marketplace Indonesia and PT. Volcom Indonesia. The models approach to data in this study consists of an observation approach or observation in the field, a statutory approach and an analytical approach. The data are analyzed by using inductive method. From this study found that 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 settlement, because law enforcement has a great influence, on the security situation and the state-s 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 carry mediation settlement if there are cases in E-Commerce transactions. This is important 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

Link: https://ifory.id/abstract/cj6W4pbHMqym

Conference: 1st International Conference on Tourism, Management and Technology (ICTMT 2019)

Plain Format | Corresponding Author (Kadek Adi Indra Brata)

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