PERLINDUNGAN HUKUM KONSUMEN PADA MARKETPLACE SHOPEE TERHADAP SENGKETA GANTI RUGI ATAS HILANGNYA BARANG DALAM PENGIRIMAN MELALUI SHOPEE EXPRESS INSTANT (SPX)

Abstrak

The rapid growth of e-commerce in Indonesia, particularly through Shopee’s instant delivery service (Shopee Express Instant/SPX), has raised significant legal issues regarding consumer protection when goods are lost during shipment. Many cases involve high-value items lost due to misuse of partner courier accounts, while Shopee’s compensation policies often fail to reflect the actual losses. Standard clauses in Shopee’s terms and conditions further limit liability, potentially conflicting with Article 18 of Law No. 8 of 1999 on Consumer Protection (UUPK). This study aims to analyze the legal protection consumers should receive and examine the dispute resolution mechanisms available when goods are lost via SPX Instant. The research employs a normative legal approach, combining statutory and conceptual analysis, supported by case studies and descriptive qualitative methods. Findings show that Indonesia’s legal framework—through UUPK, the Civil Code, and Government Regulation No. 80 of 2019 on Electronic Commerce—provides adequate normative protection. However, implementation remains ineffective: Shopee limits liability by treating partner couriers as independent parties, and its restrictive clauses undermine consumer rights. Dispute resolution mechanisms also face challenges: internal complaint processes lack procedural fairness, the Consumer Dispute Settlement Agency (BPSK) has limited reach and technical capacity, and litigation is rarely pursued due to low consumer legal literacy. In conclusion, consumer protection in SPX Instant transactions is not yet optimal. Strengthening courier verification systems, enhancing government oversight, expanding BPSK nationwide, and developing accessible online dispute resolution mechanisms are necessary to ensure fair compensation and effective legal protection