JURIDICAL ANALYSIS OF CONSUMER PROTECTION AGAINST FRAUD IN THE MARKETPLACE

The rise of fraud cases in the marketplace shows that the position of consumers when transacting online is weak. However, this does not mean that sellers are free to sell their goods without complying with applicable regulations. the problem is this research is presented on how to protect consumers in the marketplace based on Law Number 11 of 2008 concerning Information and Electronic Transactions and how aspects of legal protection and accountability of business actors in the marketplace are presented. The method in this research uses normative legal research. This method is guided by the laws and regulations in Indonesia. This research find that the legal principle remains that every person who causes a loss to others must bear the responsibility for what he has done. So in this case the consumer can file a claim in the form of compensation to the business actor. The compensation according to Article 19 paragraph 2 of the Information and Electronic Transactions includes the return of a sum of money, the replacement of goods or services of an equivalent kind, health care, and the provision of compensation in accordance with the provisions of the legislation. When buying and selling online or online in the marketplace, business actors must understand and understand the rights and obligations of each party, be it the seller or the buyer. In addition, business actors must also understand the problem-solving mechanisms available in the electronic transaction management system or what is meant in this case is the marketplace.


INTRODUCTION
At present, almost all types of products can be traded using the Internet.This makes any party who wants to sell their products can take advantage of sales services or services, for example shopee, tokopedia or the like.Physically, this is the same as the mall.Apart from selling or advertising services, there are other ways of trading via the internet, namely by using social media such as Twitter, WhatsApp or other social media applications.
With the internet media, it makes all costs free for sellers and is expected to expand the sales area.Meanwhile, in the system or method of trading via the internet, shipping costs will be added automatically.So, you could say buying and selling activities in this way or better known as e-commerce provide open opportunities for other businesses besides trade, namely delivery services, for example, the Post Office, which has started to move more actively again.
With the rapid development of the marketplace in a generally short period of time, the shopping pattern with the marketplace has become a new lifestyle and continues to evolve following technological developments.
Although from a business perspective, it will benefit consumers, producers and the marketplace itself, but from a legal point of view, there will be many consequences that arise because there are no regulations that specifically regulate this marketplace.A number of problems that often arise are related to the weak position of consumers, such as the goods obtained are not in accordance with the request or the goods have arrived but exceed the time limit that has been informed and determined by the marketplace.Likewise, it is conceivable that the merchandise that is exchanged is not a genuine item but a counterfeit item, but the data displayed to the buyer is 100% genuine or original (Wariati & Susanti, 2014).This usually happens to buyers.However, not many cases have been raised due to customer ignorance about the mechanism for complaints and consumer dispute resolution in electronic trading transactions through this marketplace.Indonesia's population continues to grow.The high consumptive lifestyle and the almost evenly distributed use of the internet are favorable factors for the opening of new business opportunities.Furthermore, business people read these opportunities by turning conventional businesses into online businesses.In addition to the inevitable internet-based business potential, there are also a number of marketplaces that are developing in the country, including Tokobagus which has developed into MatahariMall, Lazada, Zalora, shopee, tokopedia and OLX.
Manufacturers take advantage of the desire of buyers who need convenience in finding their needs by utilizing visual and data innovation enhancements and making items more attractive.For consumers, time is very minimal to do shopping activities due to busy work, due to traffic jams, which makes web-based shopping the main choice.Generally, some people with this ability mostly have a minimal level of knowledge, but if they are not careful and careful, they will still become objects of exploitation.When the transaction occurs and if the goods have been received then the goods do not match the specifications, then the consumer cannot claim it.
In the explanation of Law Number 8 of 1999 concerning Consumer Protection (Consumer Protection Law), what is meant by the element that often occurs in the exploitation of e-commerce consumers is the lack of consumer knowledge of legal awareness of consumer rights.The next element is the public perception that legal affairs will greatly complicate matters.Further, there is no guarantee that the buyer's problem will be properly resolved.Consumers also find it difficult to contact parties who can help with their rights as consumers.Apart from that, the costs are not small when contacting consumer protection agencies.Standard agreements that are ready to be signed on e-commerce are made by business actors with standard provisions that are not informative and non-negotiable.This is what makes e-commerce transactions like a road in place (Mansyur, 2007).
One of the advantages of a marketplace is that it has a total security framework and a better internet trading office compared to exchanges outside the marketplace.Despite having high security, the marketplace still has the potential to harm consumers because of a weakness in the marketplace.These shortcomings include, among others, various counterfeits that should be carried out by traders in the marketplace.one form of counterfeiting is to sell products that do not match the images displayed on their web-based store.Vendors take advantage of flaws in the marketplace so they can scam their buyers.
Even though it makes it easier for consumers, online buying and selling transactions use the marketplace.However, many people feel disadvantaged by this online buying and selling service, according to a number of factors that cause disputes during the electronic transaction process, which are as follows: Quoted from the news contained in Kompas TV Independent, the police arrested a suspected fraudulent shop in an online network on a marketplace whose mode was selling cellphones.The value of the loss is in the hundreds of millions of rupiah.The Directorate of Criminal Investigation at the Banten Police revealed that there had been a case of buying and selling fraud using an electronic system.The police have carried out the process of arresting 4 perpetrators at different places.The case was Fenny Bintarawati: Juridical Analysis of Consumer Protection against Fraud in the Marketplace 54 revealed after there was a fictitious order suspected by the e-commerce party and immediately reported to the police (Ancely, 2021).
To carry out the action, each of these actors stated that they had 24 active accounts to carry out the action.Meanwhile, the police have obtained a number of evidences from the perpetrators, including various passbooks, printers, 3 laptops, dozens of cellphones and various types of fake packages that are ready to be sent.The perpetrators' mode is using an online shop account by making sales and purchases, but they themselves sell and buy them.Meanwhile, the contents of the fake packages they have prepared are fictitious but packaged as well as possible to make them look genuine.So that for their actions, the perpetrators get cashback profits in the form of points from e-commerce and can later be exchanged for money or other goods.
The importance of legal issues in the field of E-commerce aims to provide protection and settlement of disputes in sale and purchase agreements for parties who use electronic media as transaction media.
Regulations, both at a lower level and more specifically, aim to empower Protection Act is expected to become a legal umbrella based on the idea that the economic progress of society in the era of globalization produces a variety of goods and/or services that contain technological content that can improve the welfare of the community at large.This is also to obtain certainty of goods and/or services obtained from trade without causing consumer losses.
Due to the increasing opening of the people's market due to the flow of monetary globalization, it is important to continue to guarantee the expansion of government individual assistance and guarantee the quality, quantity, and security of the goods and/or services obtained in the market.
The rise of fraud cases in the marketplace shows that the position of consumers when transacting online is weak.However, this does not mean that sellers are free to sell their goods without complying with applicable regulations.The right as a consumer is to obtain product-related information in the form of a clear image of the product.Merchants in the marketplace must also know how they are responsible for conducting electronic transactions in the marketplace so as not to cause harm to consumers.Based on the description above, the authors are interested in reviewing and exploring issues related to "Juridical Analysis of Consumer Protection Against Fraud in the Marketplace".

Research on Juridical Analysis of Consumer Protection Against
Buying and Selling Fraud in the Marketplace is a type of normative legal research.This research is guided by the laws and regulations in Indonesia.
This research can also be called as library research.In this research, the legal material used is the collection of a literature study.Then an in-depth analysis is carried out in order to be able to answer a number of problem formulations taken in this study.The analysis process in this study uses descriptive analysis which is used as the object of this study so that the conditions are also clear.This analysis also includes one of the efforts to solve the problems encountered, also determine the relationship between the problems that have been encountered in order to understand how to solve them.In Article 9 of the Electronic Information and Transactions Law which explains that "Business actors who offer products through electronic systems must provide complete and correct information related to contract terms, manufacturers, and products offered".Then Article 10 states the requirements for reliability certification for business actors as well as Articles 2 and 18 which provide solutions to the problem of choice of law and choice of forum to adjudicate if electronic transactions involve parties domiciled in other countries.

DISCUSSION
Consumer protection law is one part of consumer law.Consumer protection law includes principles and rules to regulate and ensure the interests of buyers.So that the buyer does not bear the loss due to the activities of the seller who is not responsible for the product.Consumer protection is an issue related to human interests in terms of buying and selling.So that this is the hope of all countries, especially the Republic of Indonesia, to be able to realize legal protection and legal certainty.This is so that consumers who feel aggrieved can have their rights fulfilled (Utomo et al., 2020).
In addition to improvements, several things that must be paid attention to are contracts/agreements that occur in electronic transaction activities using online shopping web pages in the marketplace.In Indonesia, Abuse of online buying and selling transactions with fraudulent modes is increasing.Meanwhile, the form of solving these problems, if studied using the ITE Law which is a lex specialist, is not enough to overcome the consumer losses above.This identifies a crisis in the realm of legal certainty in the cyber world.So that it feels like chaos theory is going on or there is disorder.
Consumer losses, which are experienced in the form of fraud in electronic transactions, have the same legal protection as the law applicable in conventional buying and selling transactions.The difference is the use of internet facilities in electronic transactions which makes it difficult to carry out executions and real actions in the event of a criminal act of fraud.The nature of cyber in electronic transactions allows every business actor to disguise or fake his identity in every transaction.
If the business actor uses a false identity or commits a ruse in the electronic transaction, the business actor can also be punished based on

Marketplace
The commitment contained in the Consumer Protection Act will limit every business actor from providing valid data on merchandise.This serves to fulfill customer rights which include the validity of the product, brand, shape, weight, condition, and price of an item experienced by consumers for goods received that are not in accordance with the order.
Every prospective seller who accesses the marketplace site will be given directions to make it easier for prospective buyers to make online buying and selling transactions through the marketplace.
In principle, the marketplace is a web-based market.The market is a place for consumers and business actors to make buying and selling transactions related to services or goods electronically or non-cash.The Based on the various rules described above, it shows that consumers or buyers have various legal protections or guarantees regarding product mismatches when transacting in the marketplace.These various rules are useful to prevent buyers from having information defects so that later they have the potential to cause losses to buyers.Thus, consumers who are harmed, due to the goods received do not match the picture in the transaction in the marketplace, can use the various legal grounds above as a form of legal protection.
The agreement when buying and selling online is considered valid as an electronic acknowledgment in accordance with special instruments and the substance of the agreement in the electronic agreement.However, if there is a discrepancy between the electronic acceptance and the electronic offer, then an agreement has not been reached based on the explanation of a. Inappropriate quality of goods; b.Asymetrix information; c.Items not as ordered; d.Fraud risk.
local areas and legal authorities to implement them reliably and without distinguishing one region from another.Regulations regarding e-commerce transactions are contained in Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE Law) and Government Regulation Number 82 of 2012 concerning the Implementation of Electronic Systems and Transactions in addition to using the Consumer Protection Act.As a result, the existence of the marketplace does not work as expected.This is because there are still problems related to the misfortune experienced by customers where this ignores the buyer's right to correct, clear, and honest data regarding the condition and guarantee of goods and/or services and the right to receive compensation, compensation, and/or replacement.If the merchandise or potential profits obtained are not in accordance with the agreement or not as they should be.To provide strong certainty in the implementation of web-based commerce, the Consumer

Consumer
Protection in the Marketplace Based on Information and Electronic Transactions Law Realizing that there are a number of weaknesses in the Consumer Protection Law, the Government together with the DPR issued a regulation in the form of Law 11 of 2008 or the Electronic Information and Transaction Law.A number of articles in the Act apply to cover the weakness of the Consumer Protection Act in terms of protection of consumer rights.
now there is a special law which contains regulations related to this matter, namely Law Number 11 of 2008 or the Law on Information and Electronic Transactions.As an electronic transaction actor, the marketplace is subject to the applicable legal regulations in Law Number 11 of 2008 concerning Information and Electronic Transactions.There are several rules, such as in article 17 of the Electronic Information and Transactions Law, which states that "Parties conducting electronic transactions must have good faith in interacting and/or exchanging electronic information and/or electronic documents during the transaction." Protection.Consumers can also resolve their problems through nonlitigation channels in accordance with Article 45 Paragraph (2) of Law Number 8 of 1999 concerning Consumer Protection.The agency that can resolve consumer disputes is the Consumer Dispute Settlement Agency (BPSK).While examples of Non-Governmental Consumer Protection Institutions are the Indonesian Consumers Foundation (YLKI), the Indonesian Archipelago Consumer Protection Agency (LPKNI), and the Non-Governmental Consumer Protection Agency (LPKSM).Thus, consumers can also resolve disputes over goods that do not match the image in a civil or criminal manner.So that consumers have clear legal protection.
Article 44 paragraphs (1) and (2) of PP Number 71 of 2019 regarding Sales and Purchases Conducted Electronically.The event of an internet-based sale