KEABSAHAN KONTRAK ELEKTRONIK OLEH PENGGUNA AKUN SHOPEE DENGAN USIA 17 SAMPAI BELUM GENAP 21 TAHUN MENURUT PASAL 1320 KITAB UNDANG-UNDANG HUKUM PERDATA

Abstract

The development of e-commerce has driven the increased use of platforms such as Shopee in Indonesia, which requires account creation as an electronic contract through a click-wrap agreement mechanism. Legal issues arise when such electronic contracts are concluded by users aged 17 years to under 21 years old and who are unmarried. This study aims to analyze the validity of electronic contracts concluded by Shopee account users in that age range under Article 1320 in conjunction with Article 330 of the Indonesian Civil Code (KUHPerdata), as well as the legal consequences arising therefrom. This research employs a normative juridical method using statutory and conceptual approaches with prescriptive analysis techniques. The results indicate that such electronic contracts do not satisfy the subjective requirement of legal capacity, as users within that age range are still categorized as minors under Article 330 of the KUHPerdata. Although Point 1.5 of Shopee's Terms of Service, based on Article 21 paragraph (1) letter c of the PP Tunas, permits users aged 17 and above to open an account independently, this does not override the capacity requirements under contract law. Consequently, such electronic contracts are voidable under Article 1331 of the KUHPerdata, meaning the incapacitated party or their guardian has the right to seek cancellation, which results in the termination of the legal relationship between the user and Shopee.

Keywords: Electronic Contract, Legal Capacity, Shopee, Civil Code, E-Commerce