Personal Liability for Loss of Business of Consumer in Electronic Transaction Using the Standard Contract

摘要

Standard contract in electronic transactions in the business-to-consumer as contractonline is offered by business actor to consumers in the form of ‘take it or leave it\u27. Almostall standard contracts in electronic transaction cannot be negotiated. These contracts arebusinesses utilized to circumvent and ignore the rights of electronic consumers. This electronictransaction has its own characteristics when compared to conventional transactions. Basedon the principle of contract freedom, then the contract can be made in any form and bindingas law for the parties. Therefore the consumer protection should be equated with consumerconducting transactions conventionally. Under the provisions of UUPK stated that businessesare prohibited from creating a standard clause in the contract that the form of the transferof responsibility. Consequently, the violation of the provisions of the standard clause thathas been set by the business is declared null and void. The principle of responsibility is alsoadopted in principle of the presumption of UUPK is to always be responsible (presumptionof liability principle) by the burden of reversed proof. For greater protection for consumersin electronic transactions, it is right in Indonesia to implement the principle of absoluteliability in providing maximum legal protection for consumers in transactions in cyberspace.