Perlindungan Hukum Terhadap Konsumen Atas Kerusakan Barang Pengguna Jasa Pengiriman Angkutan Online

Abstract

The rise of online transportation has also developed services provided to consumers, namely transportation services, food orders, delivery of goods and others, in the case of shipping goods through online transportation services, if there is damage to goods, the driver is fully responsible The online motorcycle taxi itself is because the driver doesn't want to get sanctioned from the company, so if a problem occurs, only the driver and the consumer himself will solve the case. The approach to the problem that will be used in this research is an empirical juridical approach, which is a research that besides looking at the positive legal aspects, it also looks at the phenomena that occur in society. The results of this study are: The legal relationship between service providers, partners and consumers, begins when the consumer orders through the application, then the service provider confirms to the partner/driver for the delivery feature, and the partner/driver contacts the consumer on the request for the delivery service. After the agreed price and the process of delivering the goods, there will be an electronic contract of the parties accompanied by the terms and conditions that apply which have been explained in the application. Online transportation liability is uncertain. Because the company/provider of good services, the transportation company does not provide certainty of responsibility for the replacement/compensation of damage to consumer goods. Grab online transportation drivers are reluctant to report damage to consumer goods. This is also supported by the lack of response from consumers of Go-jek transportation and online transportation Grab in reporting damage to goods. The responsibility of the application company in online transportation should adhere to the principle of limited liability (limitation of liability principle). The compensation arrangement has been regulated in the Consumer Protection Act Article 4 letter h, article 7 letter f, Article 19 paragraph (1), paragraph (2), paragraph (3), paragraph (4). This is also explained by the company/service provider in its application which is subject to the consumer protection law. In addition, the terms in the claim for compensation are also explained by the service provider in the application, but in fact, many consumers do not report losses to service providers, consumers only ask for compensation directly to partners.