Rekonstruksi Tanggung Jawab Platform E-Commerce dalam Penyelesaian Sengketa Konsumen Akibat Ketidaksesuaian Barang Berbasis Prinsip Keadilan Proporsional

Abstract

The growth of e-commerce has transformed the legal relationships between consumers, businesses, and e-commerce platforms, while also increasing the potential for disputes arising from discrepancies between the goods received by consumers and what was ordered. This issue is significant because current Indonesian regulations do not provide clarity regarding the scope and nature of e-commerce platforms’ liability in resolving consumer disputes. This study aims to analyze the current regulatory framework governing the liability of e-commerce platforms, identify the legal issues that arise, and reconstruct a model of platform liability based on the principle of proportional justice. This study employs a normative legal method using a statutory approach, a conceptual approach, and a case-based approach. Legal data collection was conducted through a literature review of relevant laws and regulations, court decisions, books, and scholarly articles. The research findings indicate that the regulation of e-commerce platform liability remains partial, contains unclear norms and regulatory inconsistencies, and has not yet provided balanced legal protection for the parties involved. This study proposes the concept of the Balanced Dispute Resolution System (BDRS) as a legal reconstruction model that allocates liability proportionally among platforms, businesses, and consumers based on the principles of proportional liability, digital accountability, and consumer restorative protection. These findings contribute to the development of legal liability theory in tripartite digital legal relationships and provide recommendations for the formulation of specific regulations regarding the liability of e-commerce platforms to achieve legal certainty and fair consumer protection