Perlindungan hukum bagi pengguna GOPAY atas kehilangan saldo dalam pembayaran melalui sistem elektronik = Law protection towards GOPAY users for loss of balance in payment through electronic systems

Sastrapraja, Marsya Kanya Alfatiha (2019) Perlindungan hukum bagi pengguna GOPAY atas kehilangan saldo dalam pembayaran melalui sistem elektronik = Law protection towards GOPAY users for loss of balance in payment through electronic systems. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Legal protection is one of the most important elements in a business. One of them is legal protection for consumers in Digital Payment through electronic systems, such as GOPAY that is established by PT Dompet Anak Bangsa. GOPAY is one the types of electronic money circulating in the community. Technology development in Indonesia does not rule of possibility of problems related to consumer’s account protection. The purpose of this study is to determine how consumer protection in Digital Payment. The problem that often occurs to consumers is that, after the consumer top up their GOPAY balance, the balance does not add up on their GOPAY application. But their money has already been charged. In addition, the next problem is the validity of the agreement between the consumer and PT Dompet anak Bangsa through an electronic contract that contained exoneration clause. The methodology for this research is empirical normative. The results of this study indicate that consumers are protected by existing laws and regulations, such as Law of The Republic Of Indonesia Number 8 Year 1999 concerning Consumer Protection and Even Bank Indonesia specifically issued Bank Indonesia Regulation Number 16 Year 2014 Regarding Consumer Protection for Payment System Services. We can see that consumer is protected because in the existing law and regulation, is stated that consumer has their right. Also, the business actors have their obligation that should be fulfilling. Regarding the electronic contract between the consumer and PT Dompet Anak Bangsa, exoneration clause was found that PT Dompet Anak Bangsa transferred its responsibilities. According to statutory regulations if there are exoneration clauses that are prohibited in an agreement, then the agreement is said to be null and void. It’s clear based on Article 18 Law of The Republic of Indonesia Number 8 Year 1999 concerning Consumer Protection stated that business actors in offering goods or services that intended for trading are prohibited from making or including exoneration clauses on each document and/ or an agreement if it said about transferring their responsibility.

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