PERLINDUNGAN HUKUM BAGI KURIR SAAT PEMBELI TIDAK MELAKUKAN PEMBAYARAN PADA SISTEM COD (CASH ON DELIVERY ORDER)

Abstract

The internet makes shopping easier. The internet as evidence of technological developments has changed the way boundaries are viewed on local and international trading businesses. The ease of shopping in the marketplace causes various new problems, not a few buyers feel that the goods they have ordered are not suitable and finally refuse to pay for their ordered goods, even asking the courier for a refund directly. This study aims to determine the form of legal protection for couriers when the buyer does not make payments or defaults when conducting a COD (cash on delivery order) system. As well as how the form of E-Commerce liability on couriers who are harmed when conducting the COD system. This deviates from the provisions of Article 1313 of the Criminal Code explaining that the buyer and seller have agreed to bind themselves in a sale and purchase agreement, so they must fulfill the agreed achievements. Legal protection against couriers has not been provided for in the Act. Law 13/2003 on Manpower only regulates Occupational Health and Safety, which explains that it is related to problems that are directly related to its workers, not potential problems that arise from third parties. The parties involved have responsibility for the mitigation and risk of work accidents on couriers, but they have not gone well. Using normative law research, using the statue approach. The results of this study are first, referring to Article 1320 of the Criminal Code and Law 19/2016 concerning amendments to 11/2008 on Electronic Information and Transactions which show that the marketplace has terms and conditions in the COD system which emphasizes that packages must be opened first and paid to avoid losses to the courier and also couriers are only limited to third parties from the buyer seller who is in charge of delivering the goods. Secondly, courier losses made when conducting COD are not the responsibility of E-Commerce.