Normative legal analysis evaluates liability for non-conforming goods in e-commerce transactions, highlighting proportional legal obligations between sellers and marketplace platforms.
This study examines the accountability of business actors for the non-conformity of goods received by consumers in electronic transactions conducted through the Shopee marketplace. The study employs normative legal research using a statutory and conceptual approach. The analysis is based on primary, secondary, and tertiary legal materials, particularly Law No. 8 of 1999 concerning Consumer Protection, Law No. 1 of 2024 concerning Electronic Information and Transactions, Government Regulation No. 80 of 2019 concerning Trading Through Electronic Systems, and relevant legal literature. The findings indicate that when goods received by consumers do not conform to the product description, specifications, quantity, quality, or agreement, the seller bears the primary responsibility because the seller is the party directly bound by the sale and purchase agreement. Such non-conformity may constitute breach of contract (wanprestasi) and a violation of consumer rights. Business actors are required to provide accurate, clear, and honest product information and to provide compensation, replacement, or refund when goods do not conform to the agreement. Shopee, as an Electronic System Trading Operator (PPMSE), is not automatically liable as the seller but has legal responsibilities within its role as a marketplace platform, including providing a secure electronic trading system, complaint mechanisms, and facilities for returns and refunds. Therefore, accountability in Shopee transactions must be determined proportionally according to the legal position, obligations, conduct, and causal contribution of each party. Effective consumer protection requires not only remedies for losses but also preventive measures through accurate product information, transparent platform policies, accessible complaint mechanisms, and fair dispute resolution.
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Angeline Gunawan1, A. Kasimirus Yori2, Wihalminus Sombolayuk3 (2026) studied this question.