PERTANGGUNGJAWABAN PENYANDANG DISABILITAS DALAM KONTRAK ELEKTRONIK TRANSAKSI PAYLATER DI MARKETPLACE

Abstract

The surge in paylater services on marketplace has raised legal concerns regarding electronic contract entered by persons with schizophrenia requiring guardianship, as platforms rely solely on “agree” clicks without verifyimg mental capacity. This study addresses two key issues: (1) the legal capacity of persons with schozphrenia in electronic paylater agreements; (2) the guardian’s liability and its implementation when such contracts are voided. Employing a social legal approach with statutory, conceptual, interdisciplinary, and contract analysis, this research reveals that incapacity requires District Court determination under Article 433 KUHPerdata and Law No.8/2016, enabling retroactive contract cancellation under Article 447 KUHPerdata if symptoms were actibve pre-guardianship; guardians bear subsidiary liability for principal loans and penalties per Article 1449 KUHPerdata, while providers may sue post-summons, though paylater platforms fail POJK 40/2024 and SEOJK 19/2025 creditworthiness assesments