TINJAUAN YURIDIS PERJANJIAN JUAL BELI ONLINE YANG DILAKUKAN OLEH ANAK DIBAWAH UMUR

Abstract

The validity of online sales and purchase agreements made by minors according to civil judge Andi Hardiansyah, S.H., M. Hum. in the Tenggarong District Court, Class IB is that the age element is categorized as a subjective requirement for the validity of an agreement. So transactions carried out by minors in e-commerce or online in principle violate the second condition of the validity of the agreement in accordance with Article 1320 of the Civil Code, namely regarding competence and this results in formal defects in the agreement. However, the agreement is still considered valid as long as neither party has any objections regarding the agreement made by the child and it can be cancelled. Then the resolution of disputes over online sales and purchase agreements made by minors according to the opinion of civil judge Andi Hardiansyah, S.H., M. Hum. in the Tenggarong District Court Class 1B there are two versions, if for example someone asks for an annulment and considers the agreement to be invalid, then it could possibly be granted and if for example the seller insists on stating that the agreement is valid then it can be rejected, depending on which way we look at it, for example a child under age, and his parents ask for this agreement to be canceled, then it can be granted that it is canceled, that there is an unlawful act in it. In essence, the resolution of disputes over online sales and purchase agreements made by minors refers to articles 38 and 39 of the ITE Law Number 19 of 2016, Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, meaning that parties can submit to litigation or through litigation. non-litigation such as arbitration, mediation, negotiation and conciliation.

Keywords: Agreement, Online Buying and Selling, Minors.