The rapid development of information and communication technology has significantly influenced the pattern of transactions in society, shifting from conventional to digital methods, including in the activity of buying and selling goods. Purchasing an item no longer requires physically visiting a store; instead, consumers can simply choose products through online shopping platforms, which saves both time and effort. However, this convenience often leads to various issues, particularly regarding goods received by consumers that do not match the descriptions, images, or specifications displayed on the online platform. This problem can cause losses for consumers as they are unable to inspect the goods in person prior to purchase.
So, what legal certainty is available for consumers who purchase goods online that turn out to be inconsistent with the description?
Legal protection for consumers is specifically regulated under Law No. 8 of 1999 concerning Consumer Protection. According to Article 4 letter b of the Consumer Protection Law (CPL), it is stated that:
“The right to choose goods and/or services and to obtain those goods and/or services in accordance with the exchange rate and the conditions and guarantees as promised.”
Thus, consumers are entitled to receive goods in accordance with the obligations they have fulfilled—namely, making payment based on the agreed exchange rate—since consumers have the right to receive accurate, honest, and clear information about the product. Consumers are also entitled to receive compensation for goods that do not match what was promised.
On the other hand, business actors have the obligation to act in good faith in conducting their business and to ensure the quality of the goods they sell, as emphasized in Article 7 letter d of the CPL, which states:
“To guarantee the quality of goods and/or services that are produced and/or traded based on the applicable quality standards for goods and/or services.”
This means that business actors are obligated to ensure that the quality of the goods sold matches what is displayed digitally, whether in the form of photos or descriptions, and accurately represents the actual condition of the goods.
How can consumers resolve disputes when they receive goods not matching the description?
If a dispute arises between the consumer and the business actor due to the inconsistency of the goods received, the consumer may pursue various legal remedies. One such remedy is through the Consumer Dispute Settlement Agency (CDSA) as regulated in Article 52 of the CPL. The CDSA has the authority to handle and resolve disputes through mediation, conciliation, or arbitration. The existence of CDSA provides an alternative dispute resolution mechanism that is faster, simpler, and more cost-efficient for consumers.
In conclusion, in online buying and selling transactions, the law provides protection for consumers to obtain their rights when they receive goods that do not match the information conveyed through images or descriptions. On the other side, business actors are obligated to ensure the quality of the goods sold matches the photos and descriptions displayed. If there is any inconsistency in the goods received by the consumer, the consumer has the right to seek legal remedies through the CDSA to obtain justice and legal certainty.