Legal Protection for Consumers Against the Loss of Insured Goods in E-Commerce Transactions

Abstract

The high volume of e-commerce activity in Indonesia has increased the risk of goods being lost during delivery, including goods covered by insurance. This study aims to analyze the forms of legal protection available to consumers for the loss of insured goods in e-commerce transactions and to construct a framework for the allocation of legal responsibility among sellers, Electronic Commerce System Operators (Penyelenggara Perdagangan Melalui Sistem Elektronik, PPMSE/marketplaces), delivery service providers, and insurance companies. The novelty of this study lies in developing a model for allocating responsibility among multiple parties that distinguishes the sources, conditions, and limits of each party’s responsibility while clarifying the distinction between legal liability and the transfer of economic risk through insurance (risk transfer). This study employs normative legal research using statutory and conceptual approaches. The legal materials are analyzed through grammatical, systematic, and teleological interpretation, together with legal argumentation, to establish the interrelationship among consumer protection, electronic commerce, carriage of goods, contracts, and insurance. The findings demonstrate that consumer protection is available through both preventive and remedial mechanisms. Sellers remain subject to obligations arising from the contractual relationship of sale and purchase and the Indonesian Consumer Protection Law (UUPK); PPMSEs are responsible within the scope of their obligations relating to the operation of electronic systems and electronic commerce; delivery service providers are responsible in accordance with the contractual relationship governing the carriage of goods and any fault in the performance of their services; and insurance companies are required to honor claims provided that the insured risk falls within the scope of coverage and the policy requirements are satisfied. The existence of insurance does not necessarily eliminate the legal liability of other parties but instead transfers certain economic risks in accordance with the terms of the insurance policy.