Perlindungan pembeli dalam pasal 28 ayat (1) UU ITE terhadap tindak pidana pasal 480 kuhpaidana tentang penadahan (studi kasus: no: 376/pid.B/2015/pn.Bjm) = Judicial analysis regarding buying stolen goods under e-commerce transaction law” (case study : decision number : no: 376/ pid.B/2015/pn.Bjm).

Leonardi, Jeff Vincent (2018) Perlindungan pembeli dalam pasal 28 ayat (1) UU ITE terhadap tindak pidana pasal 480 kuhpaidana tentang penadahan (studi kasus: no: 376/pid.B/2015/pn.Bjm) = Judicial analysis regarding buying stolen goods under e-commerce transaction law” (case study : decision number : no: 376/ pid.B/2015/pn.Bjm). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Indonesia has the largest population in South East Asia and E-commerce has been growing rapidly in the country. The growth of digital transaction activities includes buying and selling products online. Before the uprising of internet users, people need to do transaction face to face and after internet has been used as a media for transaction, it can be use as online advertisement to sell their product. In the other hand, the market offers variety of product to buy including a high potential to buy stolen goods or goods that are acquired against the law. This is a result of freedom for internet users that gives people at any background or age can sell product freely without any right supervision. Regulation that are applied for buying stolen goods are stated in Article 480 of the Criminal Law. The study is using judicial analysis (normative) method based on books and experiences from the experienced. The study also include interview with lawyers so that the they can help relate the connection of Article 480 of the Criminal Law in the digital transaction world. For further studies, the writer is also doing case approach under decision no 376/PID.B/2015/PN.BJM. In majority of cases that occurred, the buyer of online transaction method was not familiar with the seller and origin of item that was bought. The basic element of any transaction is trust. When each transaction took place, each parties will show their good faith in buying and selling the product resulting the buyer to be convinced to buy the product. Showing bad intention may lead to criminal prosecution under buying stolen goods. The study includes the differences on buying stolen goods online and face to face. As for the conclusion, Article 28 Verse 1 contains consumer protection for buyers that bought items from the internet that are obtained against the law without getting the right information.

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