In this modern era, Online shopping becomes a daily life or even a habit for Indonesian people, even some of them prefer to do online shopping rather than conventional shopping. Changes in shopping habits have led to the development of online shopping provider platforms, known as market places such as Tokopedia, Bukalapak, Shopee and so on. This is a beginning of a new era versus copyright infringement in Indonesia
More numbers of trading through electronic structures or e-trade exist, apparently, the authorities must issue some rules which govern on-line trading sports. Hence, President Jokowi on November 20, 2019, signed Government Regulation (PP) Number eighty of 2019 concerning Trading through Electronic Systems (PP eighty/2019).
PP 80/2019 defines Trading Through Electronic Systems (PMSE) way trading activities whose transactions are exercised thru a a series of electronic gadgets and methods. Whereas the providers of Trading through Electronic Systems, hereinafter known as PPMSE, are Business Actors who offer Electronic Communication centers used for change transactions. In PP eighty/2019, commercial enterprise actors, in this case, traders, and exchange providers are differentiated.
In general, things which might be regulated in PP eighty/2019 related to parties who behavior trading thru digital systems, requirements, operations, obligations of business actors, proof of change transactions through electronic systems, digital advertisements, electronic offers, electronic contracts, protection of personal statistics, payments in change thru electronic structures, change of products or offerings and cancellation of purchases, dispute decision, guidance, and supervision.
From the scope of those provisions, it may be seen that PP eighty/2019 regulates comprehensively all subjects regarding online trading activities. Since some weeks after it turned into approved, the regulation has received a variety of public attention, especially associated with the obligation to have a business license for online traders. The following are crucial provisions that need to be recognized in PP 80/2019.
Parties Who Conduct PMSE
Parties who can conduct PMSE are commercial enterprise actors, consumers, individuals, and state administrative corporations. PP eighty/2019 states that PMSE is a personal courting that may be carried out between:
Business actors with commercial enterprise actors;
Business actors with purchasers;
Individuals with individuals;
State businesses and enterprise actors, in accordance with statutory provisions.
The regulation also said that the PMSE could now not simplest be conducted by way of home businesses, however-foreign business actors also could trade thru the electronic device in Indonesia. Even foreign businesses that actively provide and/or behavior PMSE to purchasers domiciled in Indonesia and meet sure standards are considered to satisfying physical presence in Indonesia and behavior commercial enterprise activities often in Indonesia.
The criteria for glad these qualifications are the number of transactions, the value of the transaction, the range of delivery packages and the quantity of site visitors or access. After pleasurable these criteria, foreign PPMSE should open representatives in Indonesia who act as and on behalf of the foreign enterprise actors.
Obligation to Prioritize Domestic Products
All parties who conduct PMSE are obliged to assist government programs, with the aid of carrying out:
prioritize trade in goods and / or services from home production;
growth the competitiveness of domestic products and / or services produced; and
Domestic PPMSE is needed to provide promotional space for items and / or services produced through locals.
Obligation to Obtain Business License
After several years of online shopping activities exist in Indonesia, PP eighty/2019 finally requires enterprise actors who conduct PMSE to have a Business License. However, there are exceptions to that obligation. Article 15 paragraph 2 of PP 80/2019 mentions that the duty to have a Business License is excluded under the subsequent conditions:
Not a celebration who receives a benefit (beneficiary) without delay from the transaction; or
Not at once involved inside the contractual relationships of the parties conducting PMSE.
The application of an enterprise license is carried out through an Electronic Integrated Business Licensing System regulated inside the Minister of Trade Regulation Number seventy-seven the Year 2018 concerning Electronic Integrated Business Licensing Services in the Field of Trade.
Provisions on Consumers Protection
PP eighty/2019 no longer most effective regulates commercial enterprise actors inside the PMSE however additionally regulates consumer safety. The customer-protection procedures regulated in PP 80/2019 are as follows:
Consumers document losses suffered to the Minister;
Business actors reported with the aid of purchasers have to clear up the record;
Business actors who do now not resolve the record may be listed within the priority list of supervision via the Minister;
The priority listing can be accessed via the public so that Business Actors will lose the trust of society.
Besides, as a form of customer safety, commercial enterprise actors are required to offer lawsuits mechanism for purchasers. The offerings mechanism contains at least:
deal with and make contact with the range of the complaint;
client lawsuits strategies;
grievance follow-up mechanism;
officers who are able in processing lawsuits offerings; and
the period for resolving complaints.
Proof of Transactions in E-Commerce
Domestic and overseas PPMSE are required to provide and hold legitimate PMSE transaction proof. Proof of the transaction is a prison if the usage of the Electronic System in accordance with the provisions stipulated inside the rules regarding information and electronic transactions. PMSE transaction proof also can be used as legitimate evidence and the utility can not be refused.
It is also stated in Article 30, proof of PMSE transactions can replace written agreements or contracts with the provisions the proof of the transactions may be stored, accessed and displayed for next use in order that the substance validly explains a positive legal state of affairs or event.
PP eighty/2019 regulates that any personal statistics are handled as the private assets of the individual or business actor concerned. Every business actor who gets consumers’ personal information is obliged to hold the mandate in storing and controlling it according to statutory provisions. Personal facts safety standards need to meet as a minimum the following:
personal information needs to be obtained without a doubt and legally from the owner;
personal statistics must be held best for one or greater of the purposes described mainly and legally and won’t be used apart from for that purpose;
the personal information obtained should be appropriate, relevant and no longer exceed the intended use;
personal facts should be accurate and must constantly be updated by means of allowing the owner of the fact to replace the records;
personal statistics may not be held longer than the time required;
personal records must be processed in accordance with the proprietor’s rights;
the party who stores personal data ought to have a proper protection device to prevent leakage or the illegal use of personal records or harm to personal statistics;
Personal data may not be sent to other nations or regions out of doors Indonesia until the country is declared to have the same standards and level of safety as Indonesia.
If the owner of personal facts or customers declare unsubscribing and forestall the usage of PMSE services and facilities, the owner of the personal statistics has the right to ask commercial enterprise actors to delete all the personal records. Therefore, the enterprise actor is obliged to delete all applicable personal record within the system managed by the business actor.
Delivery, Exchange and Cancellation Mechanisms
The capability that regularly induces troubles in trading activities through digital structures is inside the method of delivery items, as a result, to prevent things which might be adverse to the events, PP eighty/2019 also regulates the mechanism of shipping goods. The change and cancellation mechanism are also regulated if there may be a mistake in the method of packaging to delivering.
In every transport of products the usage of courier services or different mechanisms, enterprise actors have to ensure:
safety of products;
condition of products;
confidentiality of goods;
suitability of goods; and
on-time delivery of goods in step with the transaction agreement.
Moreover, the regulation referred to that if there is a blunders or discrepancy between the duration of delivery of the goods and the agreed length which reasons disputes between clients and business actors, then PPMSE is obliged to remedy the dispute.
The mechanism for changing or canceling purchases is determined by way of a maximum of two working days from receipt of the item. Consumers can cancel and trade items inside the following conditions:
there may be a mistake or discrepancy of the products;
there is a mistakes or discrepancy between the actual duration of shipping of the products;
there are hidden defects;
Consumers who trade goods are only charged the cost of sending again the products, even as the value of sending goods again to the purchaser can be finished if mistakes happen because of the inaccuracy of clients. In the case of cancellation of purchase, PPMSE need to provide a mechanism that can make sure client refunds.
Dispute Settlement in Online Trading
It is undeniable that disputes or conflicts will arise even in online shopping activities, therefore PP eighty/2019 also regulates dispute decision mechanisms. Mentioned in 72, if there’s a dispute inside the PMSE the events can remedy it through the courtroom or different dispute resolution. Dispute resolution also be finished electronically (on-line dispute resolution).
If the dispute occurs among the client and the domestic business actor, then the client can record a lawsuit thru the client’s dispute resolution board or submit it to the judiciary at the purchaser’s region of residence.
The principle of freedom of contract is applied in the decision of disputes which arise inside the PMSE due to the fact the parties can select their dispute resolution discussion board and select the regulation for use if one of the events comes from abroad.
Of the various rules stated in PP 80/2019, it additionally regulates administrative sanctions so that PMSE actors comply with all stipulated provisions. These administrative sanctions include:
included within the priority listing of supervision;
temporary blockading each PPMSE offerings home and abroad by means of authorized businesses;
revocation of Business License.
Written warnings are given most of three times within two weeks from the date of the previous warning letter. If the business actor does no longer make enhancements after the third caution letter, it is going to be included inside the priority listing of supervision.
From the reason above regarding crucial subjects that need to be acknowledged in PP eighty/2019 concerning Trading through Electronic Systems, it may be concluded that PMSE business actors have a whole lot of homework to be completed related to the success and adjustment of this regulation. It is was hoping that once the enactment of this law, on-line shopping activities in Indonesia can similarly expand and provide legal facts to all collaborating events, especially the citizen as customers.