PERLINDUNGAN HUKUM BAGI PESERTA ARISAN ONLINE YANG DIRUGIKAN AKIBAT WANPRESTASI PENYELENGGARA

Abstract

The development of information technology has led to the emergence of online arisan practices conducted through electronic media. In practice, defaults committed by online arisan organizers frequently occur and cause losses to participants. In addition, online arisan agreements are generally made orally through electronic media, resulting in legal issues concerning the validity of the agreement and the legal protection for online arisan participants. This study aims to analyze the validity of oral online arisan agreements conducted through electronic media and the legal protection available for participants who suffer losses due to the organizer’s default. This research employs a normative legal research method using statutory and conceptual approaches. Legal materials were obtained through library research and analyzed prescriptively. The results of the study indicate that oral online arisan agreements remain valid and binding upon the parties as long as they fulfill the legal requirements for a valid agreement as stipulated in Article 1320 of the Indonesian Civil Code.

Electronic evidence such as social media conversations and proof of bank transfers may be used as valid evidence under the Electronic Information and Transactions Law. Legal protection for online arisan participants may be provided through both preventive and repressive measures. Furthermore, online arisan organizers may be categorized as business actors under the Consumer Protection Law, thereby granting online arisan participants the right to legal protection as consumers.

Keywords: Validity of Agreement, Online Arisan, Default, Legal Protection.