Unilateral Cancellation by the Buyer in Cash on Delivery (COD) Transactions Via E-Commerce according to Indonesian Positive Law

Authors

  • Lalu Yanuar Rinaldy Master of Law Study Program, Faculty of Law, Social and Political Sciences, University of Mataram
  • Salim HS Faculty of Law, Social Sciences and Political Sciences, University of Mataram
  • Lalu Wira Pria Suhartana Faculty of Law, Social Sciences and Political Sciences, University of Mataram

DOI:

https://doi.org/10.31305/rrijm.2025.v10.n1.004

Keywords:

Unilateral Cancellation, COD, E-Commerce

Abstract

This study aims to analyze mechanism of responsibility in unilateral cancellation by the buyer in COD transactions through e-commerce according to positive Indonesian law and analyzing legal protection for sellers in the event of unilateral cancellation by the buyer in COD transactions through e-commerce according to positive Indonesian law. By using the normative legal research method. Research results Research results Showing the results of the study Mechanism of responsibility in unilateral cancellation by the buyer in COD transactions through e-commerce according to positive Indonesian law, Basically, the validity of a sales and purchase agreement with a COD payment system is subject to Article 1320 of the Civil Code. In the event that the buyer refuses to pay for the package of goods that have been ordered through the marketplace using the COD payment system, the buyer is considered to have committed a breach of contract because the buyer has not fulfilled the performance as agreed in the agreement then Legal protection for the seller in the event of unilateral cancellation by the buyer in a COD transaction through e-commerce according to positive Indonesian law, Legal protection for sellers who experience losses in online shop agreements due to the actions of buyers is regulated in Article 6 of Law Number 8 of 1999 concerning Consumer Protection concerning the rights of business actors, when the buyer's actions use false data, the seller is also protected by Article 45 A of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. Sellers who experience losses due to fraud committed by buyers are also protected by Article 378 of the Criminal Code concerning fraud. The seller's legal action for the losses he experiences in online shops is dispute resolution outside the court as an initial step. When the lawsuit has been registered in court, the judge is obliged to first provide the seller and buyer with the opportunity to go through the mediation process. If an agreement is not reached during the mediation process, the seller can sue the buyer based on Article 1243 of the Civil Code regarding compensation for losses, costs and interest during transactions in online shops.

References

Abdulkadir Muhammad, 2019, Contract Law , 3rd ed., Bandung: Citra Aditya Bakti

Adi Nugroho, 2006 , E-commerce: Understanding Trade in Cyberspace , (Bandung: Informatics, 1st ed.

Afifah Tri Indah Lestari, Rosida Diani, and Nurbaity Saleh, “Legal Protection of the Parties in an Internet Sales and Purchase Agreement Using the Cash On Delivery (COD) System,” Law Dewantara Journal of Legal Studies , Vol. 2, No. 1 (March 2022)

Agus Yudha Hernoko, 2010, The Law of Contracts: The Principle of Proportionality in Commercial Contracts , Jakarta: Kencana

Amiruddin and Zainal Asikin, 2018, Introduction to Legal Research Methods , 2nd printing, PT Raja Grafindo Persada, Jakarta

At ip Lat ifulhayat, “Personal Data Protection in Electronic Commerce (ECommerce) , Article in Journal of Business Law, Volume 18, March 2002,

Bagus Hanindyo Mantri , 2007, Legal Protection for Consumers in E-Commerce Transactions, Diponegoro University, Semarang

CST Kansil, 2009, Introduction to Indonesian Law and Legal System , publisher Balai Pustaka Jakarta

Diardo Luckandi, Analysis of Payment Transactions Using Fintech in MSMEs in Indonesia, Adaptive Structuration Theory Approach, Thesis, Faculty of Industrial Technology, Islamic University of Indonesia, Yogyakarta, 2018.

Dikdik M. Arief Mansur and Elisatris Gultom, 2005, Cyber Law Legal Aspects of Information Technology , Bandung: PT. Refika Aditama

Edi Setiadi and Kristian, 2017, Criminal Justice System and Law Enforcement System in Indonesia, 1st ed., Kencana, Jakarta

Edmon Makarim, 2004 , Compilation of Telematics Law , Jakarta: Raja Grafindo Persada

H. Salim HS, 2010, Development of Theory in Legal Science , Jakarta: PT RajaGrafindo Persada

Haris Faulidi Asnawi, 2004, E-Commerce Business Transactions: An Islamic Perspective , Yogyakarta: Magistra Insania Press

https://accurate.id/bisnis-ukm/apa-arti-cod/, accessed on July 23, 2024 at 22.22 WIB.

I Ketut Oka Setiawan, 2014, Civil Law Concerning Contracts, Jakarta

Imade Pasek Diantha, 2016 , Normative Legal Research Methodology in Justification of Legal Theory , Prenada Media, Jakarta

Indra Kirana, 2014, legal protection for business actors and consumers in online buying and selling transactions with PayPal payments , Parahyangan Catholic University, Bandung

Irawan Soerodjo, 2016, Law of Contracts and Land, 1st Edition, Yogyakarta

--------------------, 2016, Contract and Land Law, 1st Edition, Yogyakarta

Ishaq, 2009, Basics of Legal Science, Jakarta: Sinar Grafika

JJH Bruggink, Rechts Reflectie, Groundbegrippen uit Rechtheori, (Reflections on Law), Translated by B. Arief Sidharta (Bandung: Citra Adytia Bakti, 1999, p. 160) in the book by Salim HS, Op.Cit, p. 23

Civil Code [KUH Perdata], Ibid., Article 1313.

Lukman Santoso Az, 2019, Legal Aspects of Agreements, Yogyakarta

M.Rizal Satria, Ade Pipit Fatmawati, Preparation of Company Financial Reports Using Spreadsheet Applications (At Beras Padaringan), Scientific Journal of Accounting and Finance, Vol 3 No 2 January 2021

Marta Eri Safira, 2017 , Civil Law , CV. Nata Karya, Ponorogo

Muchsin, Protection and Legal Certainty for Investors in Indonesia , Surakarta: Master of Law, Postgraduate Program, Eleven March University, 2003

Muhaimin, 2020, Legal Research Methods, Mataram University Press, Mataram

Mukti Fajar ND and Yulianto Achmad, 2013, Dualism of Normative & Empirical Legal Research , Pustaka Pelajar, Yogyakarta

Nindyo Pramono, 2003, Commercial Law , Jakarta: UT Publishing Center

Niniek Suparni, 2001, Cyberspace Problems: Legal Problems and Anticipation of Their Regulations , (Jakarta: Fortun Mandiri Karya

Niru Anita Sinaga, “ Implementation of the Rights and Obligations of the Parties in Contract Law” , Scientific Journal of Aerospace Law 10 no. 1 (2019), https://doi.org/10.35968/jh.v10i1.400.

Onno W. Purbo and Aang Arif Wahyudi, 2001, Getting to know e-commerce , (Jakarta: Elex Media Komputindo

Government Regulation on the Implementation of Electronic Systems and Transactions , PP No. 71 of 2019, LN of 2019 No. 185, TLN No. 6400, hereinafter referred to as PP on the Implementation of Electronic Systems and Transactions

Peter Muhamad Marzuki, 2005 , Legal Research , 7th Edition, Kencana Prenada Media Group, Jakarta

Philipus M. Hadjon, 1987, Legal Protection for the People in Indonesia , Jakarta: Bina Ilmu

Philipus M. Hadjon, 2007, Legal Protection for the People in Indonesia , a study of its Principles, Handling by the Courts in the General Court Environment and the Formation of Administrative Courts, Civilization, Jakarta

R. Subekti, 2002, Principles of Civil Law , PT Intermasal, Jakarta

R. Subekti, 2014, Various Agreements , (Bandung: PT Citra Aditya Bakti

R. Wirjono Prodjodikoro, 2000, Unlawful Acts are Considered from the Civil Law Perspective, 1st ed., (Bandung: Mandar Maju

Salim HS, 2020, Electronic Contract Law E-Contract Law, 1st Edition, Raja Grafindo Persada, Depok

Salim HS, 2021, Contract Law—Theory and Techniques of Contract Drafting , Sinar Grafika, Jakarta

Santonius Tambunan, 2016, Mechanism and Validity of E-Commerce Buying and Selling Transactions According to the Civil Code, Badamai Law Journal, Vol.1, Issue 1

Satjipto Raharjo, 2014, Legal Studies , Bandung: PT. Citra Aditya

Subekti, 2014, Principles of Civil Law, 24th ed. Jakarta: PT. Intermasa

Sudikno Mertokusumo, 1986, Understanding the Law (An Introduction) , Liberty, Yogyakarta

Suharnoko, 2004, Contract Law : Theory and Case Analysis, 3rd Edition, Jakarta

Tan Kamelo, “Legal Protection Aspects in Transactions Through Internet Media”, Article in Equality Journal Vol. 10 No.1 February 2005

Wirjono Prodjodikoro, 2014, Civil Law on Certain Agreements , Bandung

Downloads

Published

10-01-2025

How to Cite

Rinaldy, L. Y., Salim, H., & Suhartana, L. W. P. (2025). Unilateral Cancellation by the Buyer in Cash on Delivery (COD) Transactions Via E-Commerce according to Indonesian Positive Law. RESEARCH REVIEW International Journal of Multidisciplinary, 10(1), 28–39. https://doi.org/10.31305/rrijm.2025.v10.n1.004