Principles of Buyer’s Responsibility on Bid and Run Actions in Online Auction Buying and Selling Practices
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(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: The development of the internet causes the practice of buying and selling auctions can not only be done conventionally but can also be done online, one of which is by using Instagram media. This online auction transaction not only provides benefits and convenience for consumers but also has weaknesses and in fact in online auction buying and selling transactions , losses can not only be experienced by consumers, but business actors can also experience losses due to non-fulfillment of achievements that should be done by consumers. One of the consumer actions that harm business actors is Bid an Run in the practice of buying and selling online auctions on Instagram social media.
Purposes of the Research: The purpose of this article is to find out the application of the principle of buyer’s responsibility for bid and run actions as a form of legal protection for business actors.
Methods of the Research: The research method used in this research is normative juridical or known as legal research which is carried out by studying and analyzing the substance of laws and regulations on the subject matter or legal issues in consistency with existing legal principles.
Results of the Research: The results show that Legal liability for buyers who in bad faith deliberately do not pay or take bid and run actions can be sued based on Article 1243 of the Civil Code, Article 21 paragraph (2) letter a and paragraph (4) of the ITE Law, and Article 6 letter a and b of the Consumer Law, as well as electronic agreements that have been agreed between business actors (auction account owners) and consumers (auction bidders). Business actors in this case can also sanction directly to consumers who have committed violations by blocking the consumer's account and being blacklisted so that consumers cannot bid with auction business actors anywhere.Keywords
DOI
10.47268/ballrev.v5i1.1724
Published
2024-03-31
How To Cite
@article{BALLREV1724,
author = {Theresia Pesulima},
title = {Principles of Buyer’s Responsibility on Bid and Run Actions in Online Auction Buying and Selling Practices},
journal = {Batulis Civil Law Review},
volume = {5},
number = {1},
year = {2024},
keywords = {Responsibility; Online Auction; Bid and Run.},
abstract = {Introduction: The development of the internet causes the practice of buying and selling auctions can not only be done conventionally but can also be done online, one of which is by using Instagram media. This online auction transaction not only provides benefits and convenience for consumers but also has weaknesses and in fact in online auction buying and selling transactions , losses can not only be experienced by consumers, but business actors can also experience losses due to non-fulfillment of achievements that should be done by consumers. One of the consumer actions that harm business actors is Bid an Run in the practice of buying and selling online auctions on Instagram social media.Purposes of the Research: The purpose of this article is to find out the application of the principle of buyer’s responsibility for bid and run actions as a form of legal protection for business actors.Methods of the Research: The research method used in this research is normative juridical or known as legal research which is carried out by studying and analyzing the substance of laws and regulations on the subject matter or legal issues in consistency with existing legal principles.Results of the Research: The results show that Legal liability for buyers who in bad faith deliberately do not pay or take bid and run actions can be sued based on Article 1243 of the Civil Code, Article 21 paragraph (2) letter a and paragraph (4) of the ITE Law, and Article 6 letter a and b of the Consumer Law, as well as electronic agreements that have been agreed between business actors (auction account owners) and consumers (auction bidders). Business actors in this case can also sanction directly to consumers who have committed violations by blocking the consumer's account and being blacklisted so that consumers cannot bid with auction business actors anywhere.},
issn = {2746-8151}, pages = {8--16} doi = {10.47268/ballrev.v5i1.1724},
url = {https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1724}
}
Journal Article
Anwar, Fahmi. “Changes and Problems of Social Media.” Journal of Muara Social Sciences, Humanities, and Arts 1, no. 1 (2017). https://doi.org/https://doi.org/10.24912/jmishumsen.v1i1.343.
Danuta, and Krisnhoe Sukma. “Crowe’s Fraud Pentagon Theory in Fraud Prevention on Procurement Through E-Procurement.” Journal of Accounting Studies 1, no. 2 (2017). https://doi.org/https://doi.org/10.33603/jka.v1i2.826.
Devi, Ria Sintha, and Feryanti Simarsoit. “Legal Protection for E-Commerce Consumers According to Law Number 8 of 1999 Concerning Consumer Protection.” Jurnal Rectum 2, no. 2 (2020). https://doi.org/http://dx.doi.org/10.46930/jurnalrectum.v2i2.644.
Dyastuti, Risqi Mumpuni. “Legal Effects of the Application of Good Faith Principles to International Investment Contracts in Indonesia.” Law Journal 3, no. 2 (2023). https://doi.org/https://doi.org/10.30598/bacarita.v3i2.8962.
N, Annisa Putri. “Responsibilities of the Parties in Online Buying and Selling Transactions.” Journal Lex Privatum IX, no. 6 (2021).
Pariadi, Deky. “Supervision of E-Commerce in Trade Law and Consumer Protection Law.” Journal of Law and Development 48, no. 3 (2023). https://doi.org/https://doi.org/10.21143/jhp.vol48.no3.1750.
Primayoga, Andhika Mediantara, Hendro Saptono, and Rinitami Njatrijani. “Legal Protection for Consumers Who Receive Goods Not According to Order in Online Buying and Selling Transactions.” Diponegoro Law Journal 8, no. 3 (2019): 1732–43. https://doi.org/https://doi.org/10.14710/dlj.2019.24558.
Ramdhan, Rizky Aditya, and Khusnul Fikriyah. “Review of Islamic Business Ethics on Buying and Selling Betta Fish with an Online Auction System on Instagram Sidoarjo Area.” Sibatik Journal 1, no. 8 (2022). https://doi.org/https://doi.org/10.54443/sibatik.v1i8.1631318.
Wulandari, Yudha Sri. “Legal Protection for Consumers Against E-Commerce Buying and Selling Transactions.” Journal of Adjudication 2, no. 2 (2018).
Book
Marzuki, Peter Mahmud. Legal Research. 1st ed. Kencana Prenada Media Group, 2019.
Puntoadi, Danis. Creating Sales Through Social Media. PT Elex Komputindo, 2011.
Usman, Rachmadi. Auction Law. Jakarta: Sinar Grafika, 2017.
Thesis, Online/World Wide Web and Others
Annur, Cindy Mutia. “The 4th Highest Number of Indonesian Instagram Users in the World.” Accessed July 20, 2023. https://databoks.katadata.co.id/datapublish/2023/05/04/jumlah-pengguna-instagram-indonesia-terbanyak-ke-4-di-dunia.
Astra, Ibid. “Auction Terms.” Accessed March 15, 2023. https://blog.ibid.astra.co.id/detail/buat-kamu-yang-belum-paham-yuk-kenalan-sama-istilah-istilah-yang-ada-di-lelang-wYI.
Marthen, Sicilya. “Buyer’s Good Faith in Online Buying and Selling Transactions through the Shopee Paylater Application,” 2023.
instagram.com/hobiauction. "Rule:s Bidder". Click to view: https://wwwinstagram.com/ s / aGlnaGxpZ2h0OjE3ODUxOTk2NzA1OTMzMzA1?story_media_id=2272519423871358879&utm_medium=copy_link. Retrieved March 15, 2023
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