Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)

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The Model of Online Shopping Regulation based on Freedom of Contract and Good Faith Principle

Authors
Isra Harly Wahjudin1, *, Pujiyono Suwadi2, Muhammad Rustamaji3
1Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia Kentingan, Jl. Ir Sutami No.36, Kec. Jebres, Kota Surakarta, Jawa Tengah, Indonesia, 57126
2Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia Kentingan, Jl. Ir Sutami No.36, Kec. Jebres, Kota Surakarta, Jawa Tengah, Indonesia, 57126
3Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia Kentingan, Jl. Ir Sutami No.36, Kec. Jebres, Kota Surakarta, Jawa Tengah, Indonesia, 57126
*Corresponding author. Email: isra_harlyw105@student.uns.ac.id
Corresponding Author
Isra Harly Wahjudin
Available Online 22 February 2024.
DOI
10.2991/978-2-38476-218-7_50How to use a DOI?
Keywords
— Good Faith; Freedom of Contract; Online Buying and Selling.
Abstract

This research aims to determine the regulatory model of the principle of good faith in freedom of contract in online buying and selling that is constitutional and guarantees legal protection. Apart from that, this research also aims to discover the obstacles and alternative solutions to implementing the principle of good faith. This research was done with empirical legal research. The approach used in the study is legal and conceptual. The results show that the reports from deceived buyers were reported to the police, but there was no follow-up because the police assumed it was a civil case involving buying and selling, and the value of the loss was not considered much. The Law of Consumer Protection does not contain a figure for the nominal rupiah value for trading—business actors whose products harm consumers in bad faith. The little value of goods established by the legislators of the House of Representatives in consumer law is necessary to prevent bad faith in the constitutional freedom of contract from sellers and buyers in the online buying and selling marketplace in Indonesia. Small nominal goods are transacted many times with other buyers, so many people are cheated because the buyers are not careful.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 February 2024
ISBN
978-2-38476-218-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-218-7_50How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Isra Harly Wahjudin
AU  - Pujiyono Suwadi
AU  - Muhammad Rustamaji
PY  - 2024
DA  - 2024/02/22
TI  - The Model of Online Shopping Regulation based on Freedom of Contract and Good Faith Principle
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 301
EP  - 305
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_50
DO  - 10.2991/978-2-38476-218-7_50
ID  - Wahjudin2024
ER  -