<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE article PUBLIC "-//NLM//DTD JATS (Z39.96) Journal Archiving and Interchange DTD v1.2 20190208//EN"
                  "JATS-archivearticle1.dtd">
<article xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink" dtd-version="1.2" article-type="other">
<front>
<journal-meta>
<journal-id></journal-id>
<journal-title-group>
</journal-title-group>
<issn></issn>
<publisher>
<publisher-name></publisher-name>
</publisher>
</journal-meta>
<article-meta>
<permissions>
</permissions>
</article-meta>
</front>
<body>
<sec id="introduction">
  <title>INTRODUCTION</title>
  <p style="text-align: justify;">Agreement is a legal relationship between parties who have entered
  into an agreement that gives rise to rights and obligations over an
  object that has been agreed upon. Therefore, the agreement must meet
  the elements of the requirements for a valid agreement,[1] so that it
  has legal force for both parties who make the agreement, especially
  agreements through internet transactions. An agreement that has legal
  force is an agreement that meets the requirements for a valid
  agreement as explained in article 1320 of the Civil Code (hereinafter
  referred to as the Civil Code). Given the importance of legal
  protection that needs to be implemented in order to provide certainty
  of civil law to parties who use transactions through electronic
  media/internet, especially in online buying and selling, the role of
  the government as a provider of legal certainty for Indonesian
  citizens is to issue Law No. 11 of 2008 concerning information and
  electronic transactions as a legal umbrella as amended in Law Number
  19 of 2016 concerning amendments to Law Number 11 of 2008 concerning
  information and electronic transactions (hereinafter referred to as
  UUITE).</p>
  <p style="text-align: justify;">Online buying and selling is a buying and selling transaction
  through the internet between the seller and the buyer separated by
  distance. The ITE Law in Article 1 paragraph 2 provides the
  understanding that electronic transactions are legal acts carried out
  using computers, computer networks, and/or other electronic media.
  Thus, online buying and selling is one form of electronic transaction
  as regulated in the ITE Law. Online buying and selling media are
  usually often used by entrepreneurs to make a profit by providing
  offers in the form of goods/objects illegally. To find out the
  characteristics of buying and selling using online media, you can see
  it in the following ways:</p>
  <p>1. There is an agreement/contract offered in the form of
  merchandise;</p>
  <p>2. The agreement is made via the internet;</p>
  <p>3. Transactions are carried out remotely;</p>
  <p>4. The agreement is made with a social media network;</p>
  <p>5. Freedom and openness of access to goods/objects being sold.</p>
  <p style="text-align: justify;">Online buying and selling is part of an e-commerce agreement which,
  along with the development of information technology, has developed
  very rapidly in recent years.[2] However, the thing that is always a
  problem in electronic buying and selling is related to the competency
  requirements themselves.[3] This is because in electronic
  transactions, the parties involved do not meet directly, making it
  very difficult to identify and verify the identities of the parties
  who are mutually bound. As one example, in online game item sales
  transactions that result in losses for one party due to the lack of
  firmness in implementing the terms of service, both by merchants and
  by providers as online payment service providers.</p>
  <p style="text-align: justify;">Online games have many types, some online games that are currently
  popular such as PUBG (player unknown battle ground), AOV (arena of
  valor), vain glory, MOBA (multiplayer online battle arena). Online
  games like MOBA are currently very popular. One of the MOBA games that
  is currently popular and widely loved is mobile legends: Bang Bang.
  This game is played by five people in one team and five people on the
  opposing team. This game is a game that requires strategy where two
  teams fight for victory. Victory will be achieved if the team can
  capture buildings belonging to the opponent/enemy. According to the
  Encyclopedia of Education in the book by W Gulo, strategy is the art
  of bringing force to the battle field in a favorable position. In this
  sense, strategy is one of the arts, namely the art of bringing troops
  into battle in the most advantageous position. In mobile legends,
  diamonds are needed which function like a currency that you can use to
  buy any item in the game. Starting from buying skins, to creating a
  squad, or buying mobile legends heroes that are the target of every
  mobile legends player. Initially, online games were only used as
  entertainment to relieve boredom and boredom, according to the
  players, they can relieve stress, or boredom while working. However,
  currently many players or businessmen use online games to get rupiah,
  by buying and selling them. In Indonesia, a special law that regulates
  electronic transaction activities is the UUITE. Two important things
  in the UUITE are, first, the recognition of electronic transactions
  and electronic documents based on the legal framework of obligations
  and evidence so that the legal certainty of electronic transactions
  can be guaranteed. Second, the classification of acts of violation of
  the law related to the misuse of information technology along with
  criminal sanctions. It is clear that information technology has
  developed rapidly and resulted in many changes in the lives and
  behavior of people in the current era of globalization; many
  activities can be done by utilizing information technology. Human life
  consists of many different components, almost all of which utilize and
  even rely on information technology. The existence of information
  technology in today's society has offered various conveniences and
  significant advantages starting from the world of computers and
  computer networks. The internet is very important in human life;
  almost all countries have internet access which is used as a means of
  disseminating information, searching, data, and so on. The dominance
  of the internet is increasing because of the behavior of the world's
  people who primarily utilize it, and ultimately humans cannot be
  separated from the internet. Humans benefit from the internet in
  various ways, including entertainment, education, business,
  government, and socio-culture. The rapid progress of the internet
  allows us to do anything, even in terms of entertainment, we can now
  use the E-Commerce business. One of the internet is online games,
  namely games that connect players with each other and are not fixated
  on the same place and place. Playing it is not limited to using
  gadgets, online games can be played using laptops, computers, and
  cellphones connected to the internet network. Basically, the online
  games that we might play today are games that have been published by
  companies that have the rights to run or distribute (exclusively) the
  game for commercial reasons, known as publishers.</p>
  <p style="text-align: justify;">The presence of online games has both positive and negative
  impacts, one of the positive impacts of online games, talent and
  increasing concentration and improving foreign language skills,
  playing online if pursued further can generate money for users of
  online game services but there are also negative impacts that arise
  from this online game, but online games have an addictive nature or
  bring addiction this makes online game users less social in their
  lives. And among students, online games have a major impact on school
  achievement and reduced interest in learning because they are more
  focused on spending their time playing online games. Maybe for some
  people this online game is not important but for its users the game
  &quot;the relationship between online game addiction and impulsive
  buyers of game devices in students&quot; this online game has value
  and is valuable because in the online game there are treasures, namely
  virtual objects that can be exchanged for money. With the many fans of
  this online game, electronic buying and selling transactions often
  occur.[4] According to Article 1 paragraph 3 of Law No. 11 of 2008,
  electronic transactions are legal acts carried out using computers,
  computer networks, and/or other electronic media.</p>
  <p style="text-align: justify;">Buying and selling carried out by online game users in the form of
  buying and selling virtual objects in games and buying and selling
  game accounts, but in practice, many consumers often feel cheated due
  to the attitude of business actors who are dishonest in providing
  information about the specifications of the advertised products, in
  this case regulated in Article 9 Number 11 of 2008 which states
  &quot;business actors who offer products through electronic systems
  must provide complete and correct information relating to the terms of
  the contract, producers, and products offered&quot;. However, this
  still often happens, with this protection for consumers who use online
  games viewed materially and formally is considered very important.
  consumer losses in transactions. Online fraudsters can be charged with
  Article 28 paragraph (1) of the ITE Law in conjunction with Article
  45a paragraph 1 of Law No. 19 of 2016. Article 1320 of the Civil Code
  regulates the valid requirements of an agreement: agreement of the
  binding parties, the capacity of the parties to make an agreement, a
  certain thing, a lawful cause that is not prohibited. If these
  requirements are not met, the agreement can be canceled. The legal
  consequence is that one party can request the cancellation of the
  agreement. Article 1320 of the Civil Code applies to both conventional
  and online sales and purchase agreements.[5]</p>
  <p style="text-align: justify;">Case example, in mid-2022, precisely in May, a 16-year-old student
  in Ambon City with the initials RP, was arrested by the Maluku Police
  for committing online game fraud with fellow students as victims in
  Samarinda, East Kalimantan. Based on the description above, the
  formulation of the problem of this study is how is the application of
  competent requirements by payment service providers for online game
  item buyers fulfilled? What efforts can online game service users take
  against the losses they experience? The objectives to be achieved in
  this study are as To find out and analyze the fulfillment of the
  application of competent requirements by payment service providers for
  purchasing online game items. To find out and analyze the efforts that
  can be taken by online game service users against the losses
  experienced. The benefits of this study are, as a contribution to law
  faculty students in general and for the author himself for the
  development of legal science, the results of the study can be used as
  reference material, sources of information and contributions of
  thought that are expected to be useful for students and as literature
  for readers and as input for researchers in conducting research in the
  same field, especially from other sides of this research.</p>
</sec>
<sec id="method">
  <title>METHOD</title>
  <p style="text-align: justify;">In terms of the focus of the study, the legal research conducted is
  included in the type of empirical research. Empirical Legal Research
  is a legal research that seeks to see the law in a real sense or can
  be said to see, examine how the law works in society. The approach
  used to answer the formulation of the problem in legal research uses
  several approaches. These approaches include the statutory approach,
  the conceptual approach and the historical approach. What can be used
  as an object in research with a normative doctrinal approach is data
  in the form of primary materials and secondary legal materials and
  tertiary legal materials. This research was conducted through a
  literature study (library search), a literature study or normative
  research only by reading or analyzing written materials. The technique
  of collecting legal materials that will be used in this research is
  through interviews and library research, namely the technique of
  collecting legal materials by searching, recording, inventorying,
  studying books, literature, laws and regulations, previous research
  results, and documentation related to the problem being studied.</p>
</sec>
<sec id="discussion">
  <title>DISCUSSION</title>
  <sec id="implementation-of-qualifications-by-payment-service-providers-to-online-game-item-buyers">
    <title>Implementation of Qualifications by Payment Service Providers
    to Online Game Item Buyers</title>
    <p style="text-align: justify;">Every legal subject has the authority to carry out a legal action
    is to carry out legal rights and obligations. In order for a legal
    act to be formed, it is indicated that a legal action must be formed
    that can bring the authority to life. In making an agreement
    including an agreement event that is carried out online or an
    electronic transaction carried out through social media with an
    e-commerce system. This means that the market or trade using
    electronic-based facilities connected to the internet where the
    trading transactions of both sellers and buyers must go through an
    electronic system that has an internet network.[6] However, the
    validity of a contract or agreement must be measured by the
    fulfillment of the clauses agreed upon by the parties (expression of
    will). However, the validity of the parties is highly questionable
    in conducting online electronic-based buying and selling
    transactions, because the seller and the buyer do not meet first,
    only by simply making an agreement through electronic media.</p>
    <p style="text-align: justify;">Incidents like this clearly cannot be clearly known whether both
    parties are competent or not according to the law. Therefore, the
    validity of the online buying and selling agreement is invalid,
    because there are many possibilities that the parties are not yet 21
    years old and the parties have never met in person.[7] Because if
    you do not heed the Civil Code and only refer to the ITE law, then
    it is certain that the agreement that has been agreed upon by both
    parties will have problems with the applicable legal regulations in
    Indonesia. In general, agreements arise from contract law. Contract
    law is the provisions that regulate the rights and obligations of
    legal subjects in property law actions. This means that an agreement
    is one of the sources of law from Contract Law other than Laws and
    Court Decisions.</p>
    <p style="text-align: justify;">In the Civil Code, the provisions regarding agreements or
    contracts are initiated by Article 1313 of the Civil Code which is
    regulated in Chapter Two of Book III of the Civil Code, &quot;An
    agreement is an act by which one or more persons bind themselves to
    one or more other persons.&quot; However, the definition of an
    agreement in Article 1313 is: (1) unclear, because every act can be
    called an agreement, (2) there is no apparent principle of
    consensualism, and (3) it is dualistic. The unclear definition is
    because in the formulation only acts are mentioned, so that even
    non-legal acts are called agreements. Regarding the definition of an
    agreement or contract, it has been stated in Article 1313 of the
    Civil Code, which is further stated in the Civil Code how an
    agreement or contract can be said to be valid and binding on the
    parties as stated in Article 1320 of the Civil Code. In this
    Article, it is emphasized that the valid requirements for an
    agreement include 4 elements which, along with the development of
    legal science, the four elements are divided into two main elements,
    the first requirement, called subjective requirements. This concerns
    the parties/persons or subjects who enter into an agreement. This
    element includes the existence of an element of free agreement from
    the parties who promise, and the competence of the parties who enter
    into an agreement. The last two main elements of the conditions are
    called objective conditions. This concerns the element of the object
    or agreement itself from the legal act carried out. This element
    includes the existence of the subject matter of the object being
    agreed upon, and the cause of the object agreed upon by the parties
    must be something that is not prohibited by law.</p>
    <p>Competence is the ability to perform legal acts. For example, if
    a person as a legal subject is considered competent, it means that
    he has the right and obligation to act in legal acts. People who
    will enter into an agreement must be people who are competent and
    have the authority to perform legal acts, as determined by law.
    Meanwhile, regarding not being authorized (onbevoegd), namely
    someone who is generally competent, but for certain legal acts is
    stated to be unable to act without the authority of a third party.
    An agreement is basically made by agreement of both parties, without
    the parties agreeing, the agreement is considered not born. So
    everyone who makes the agreement must understand to whom he makes
    the agreement and understand the conditions and status of the
    parties involved in the agreement, because the agreement is full of
    responsibility. Competence is one of the requirements for the
    validity of an agreement.[8] It can be taken to mean that legally
    competent is an adult while children are considered not yet
    competent. Especially when making a sales agreement online or
    e-commerce which does not require the parties to meet in person so
    that it is difficult to detect the competence of the parties.</p>
    <p>Article 330 of the Civil Code explains that a person's capacity
    is measured when the party is 21 years old or younger, as long as
    they are of sound mind or married. So both parties who are 21 years
    old or under the age of 21 but the agreement they make can be fully
    accounted for. So in the agreement, children who make the agreement
    are still considered valid as long as they do not harm both parties.
    Minors when carrying out the process of buying and selling goods
    conventionally, as long as they do not harm both parties, the sale
    and purchase agreement is considered valid. This also applies to
    e-commerce buying and selling, minors can buy goods or services
    offered by business actors because business actors and consumers do
    not meet directly. Carrying out an online or e-commerce sales and
    purchase agreement, the existence of an agreement must be carried
    out with the principle of good faith. In implementing e-commerce
    transactions, each party involved must be based on good faith in
    making an agreement. The principle of good faith is important
    because basically consumers must receive accurate and clear
    information about the goods offered by business actors, and business
    actors have good intentions to explain in detail the goods or
    services to be purchased by consumers. This is done to avoid
    misunderstandings between consumers and business actors. So this
    principle has a big role in making agreements, including in online
    or e-commerce sales and purchase agreements.[9] This can certainly
    minimize the possibility of fraudulent practices and other
    undesirable things. Regarding this subjective requirement, the
    agreement can be canceled when one party feels disadvantaged or is
    in default. Therefore, in an online or e-commerce sales and purchase
    agreement there is an electronic contract, where the electronic
    contract can be used as evidence to claim parties who have defaulted
    on the online agreement. So as long as the parties are able to be
    responsible, prioritize the principle of good faith, and the
    agreement is a permissible cause even though the party is a minor,
    the agreement is still valid before the law.</p>
    <p>Based on the results of the National Working Meeting, the Supreme
    Court of the Republic of Indonesia agreed that the appropriate age
    limit for adulthood is based on Law Number 1 of 1974 concerning
    marriage, namely 18 years of age,[10] Adult is competent to act in
    law, namely a person who has reached the age of 18 years or is
    married. In the principle of agreement, namely the principle of
    freedom of contract, it is emphasized that everyone is free to make
    an agreement in terms of who he makes the agreement with, determine
    the contents of the clause, and the form of the agreement as long as
    it does not conflict with laws and regulations, public order, and
    also moral norms, this can be linked again to the factor of
    competence in buying and selling transactions through online media,
    that someone who is not yet competent then makes a sale and purchase
    agreement, can still be considered valid as long as it does not
    conflict with laws and regulations, public order, and also moral
    norms as emphasized in the principle of freedom of contract in
    making an agreement. Meanwhile, according to the principle of
    consensualism, the birth of a sale and purchase agreement through
    online media occurs when there is an agreement, if an agreement is
    reached between the two parties who make the sale and purchase
    agreement, then a sale and purchase agreement is born, so this
    proves again that there is no prohibition on how old he is to make
    an agreement, as long as an agreement has been reached between the
    two, and returns to the principle of freedom of contract in making
    an agreement. Agreeing in an online buying and selling transaction
    occurs when the buyer clicks the send button. Thus, a legal
    agreement in the transaction has occurred between the seller and the
    buyer. When a buyer intends to buy a product on the internet, the
    terms of conditions advertised by the seller on the website must
    first be met by the buyer.[11] If it is connected with the making of
    an agreement in a sale and purchase transaction via online media, it
    is clear that there is no prohibition regarding the factor of
    competence in making an online sale and purchase agreement, even
    though the age is not yet competent in making a sale and purchase
    agreement, it is still permitted to carry out an online sale and
    purchase transaction based on the principles of making an agreement.
    In the principle of Pacta Sunt Servanda as explained in Article 1338
    paragraph (1) of the Civil Code, all agreements made legally apply
    as law for those who make them, then continued in paragraph (2) an
    agreement cannot be withdrawn except by agreement of both parties,
    or for reasons that are stated by law to be sufficient for that, in
    paragraph (3) an agreement must be carried out in good faith.</p>
    <p>In Article 1338 of the Civil Code, it is clear that all
    agreements made legally, meaning the validity of an agreement as
    regulated in Article 1320 of the Civil Code, but returning to the
    discussion at the beginning as long as the agreement does not
    conflict with the law, public order, and moral norms, then it is
    still considered valid even though the agreement was made by a
    person who is not yet competent. Continuing in paragraph (2) of
    Article 1338 of the Civil Code, an agreement cannot be withdrawn
    except by agreement of both parties, meaning that an agreement that
    has been agreed upon by both parties cannot be withdrawn except by
    agreement between the two.</p>
  </sec>
  <sec id="efforts-that-can-be-taken-by-online-game-service-users-to-overcome-losses-experienced.">
    <title>Efforts that Can be Taken by Online Game Service Users to
    Overcome Losses Experienced.</title>
    <p>Globalization and free trade supported by advances in
    telecommunications and information technology have expanded the
    scope of movement of trade transactions of goods and investment
    businesses across national borders, so that the goods and investment
    businesses offered vary, both foreign and domestic production.[12]
    Such conditions, on the one hand, have benefits for consumers
    because consumer needs regarding trade in goods and investment
    businesses that are desired can be met and the freedom to choose
    various types of quality goods and services according to consumer
    desires and abilities is increasingly open. However, on the other
    hand, these conditions and phenomena can result in the position of
    business actors and consumers becoming unbalanced where consumers
    are in a weak position. Offers of trade in goods and 41 investment
    businesses carried out by sellers or business actors are carried out
    through electronic media in the form of advertisements offered by a
    virtual company or merchant (seller), if prospective
    buyers/consumers are interested in the goods offered, buyers can
    carry out transaction procedures electronically, previously
    prospective buyers must first agree to the sales and purchase
    contract made by the company. If a dispute occurs that results in
    losses for consumers, such as goods received that do not match those
    ordered or delays in receiving goods beyond the specified time
    period, the dispute resolution must protect the interests of
    consumers, because usually the seller has determined in advance the
    choice of law and choice of forum to be used to resolve the dispute
    that occurs, usually the law and forum used are those applicable in
    the seller's country. In this case, the merchant or seller must
    still be responsible for their negligence or error.</p>
    <p>UUPK has essentially provided equal status for consumers and
    business actors, but the concept of consumer protection as a
    necessity must always be socialized to create a relationship between
    consumers and business actors with the principle of fair equality,
    and to balance the activities of business actors who implement
    economic principles to obtain maximum profit with minimal capital,
    which can harm the interests of consumers, directly or
    indirectly.[13] To overcome the twists and turns of the long and
    formal court process, UUPK provides an alternative way by
    providing:</p>
    <list list-type="order">
      <list-item>
        <p>Dispute resolution outside the court, through conciliation,
        mediation, and arbitration. UUPK divides consumer dispute
        resolution into 2 parts:</p>
      </list-item>
      <list-item>
        <p>Dispute resolution outside the court</p>
      </list-item>
      <list-item>
        <p>Peaceful dispute resolution, by the parties themselves,
        consumers, and business actors/producers; and</p>
      </list-item>
      <list-item>
        <p>Dispute resolution through a consumer dispute resolution body
        using alternative dispute resolution mechanisms, namely
        conciliation, mediation, arbitration.</p>
      </list-item>
    </list>
    <p>dispute resolution through the courts. Seeing that there are no
    provisions regarding e-commerce transactions, it is homework for the
    Government to create e-commerce provisions in handling default
    disputes experienced by consumers to provide effective consumer
    protection and with easy access by providing fair and fast
    compensation without any costs charged to consumers. Consumer
    protection as regulated in Law Number 8 of 1999 concerning Consumer
    Protection states that there is a legal relationship between
    consumers and business actors or producers. Based on the legal
    relationship, of course, it gives birth to rights and
    obligations.[14] If in the legal relationship the consumer is harmed
    because the business actor or producer does not fulfill an
    obligation, then this is where the role of consumer protection law
    comes in. If this happens, the business actor or producer can be
    held accountable.</p>
    <p>The definition of Consumer is clearly regulated in Article 1
    number 2 of Law Number 8 of 1999 concerning Consumer Protection,
    namely every person who uses goods and/or services available in
    society, either for the benefit of themselves, family, other people,
    or other living beings and not for trading. In this case, online
    game players fulfill the elements of the definition of consumers
    because online game players are people who use services from online
    game services for their own benefit. Online game players are the
    ultimate consumer (end user) because they use an online game service
    for entertainment or competitive purposes (E-Sport).[15]</p>
    <p>Virtual Goods in online games of the Diamond type are
    non-physical objects that can be purchased and used in online games.
    Virtual Goods in online games can be in the form of items that are
    used to buy skins. These virtual goods can be purchased using online
    game currency. Understanding related to the term object as stated by
    Subekti that objects are anything that can be judged or controlled
    by becoming the object of someone's rights. The definition of
    objects has also been regulated in Article 499 of the Civil Code,
    namely every item and every right that can be controlled by
    ownership rights. In addition, Law Number 8 of 1999 concerning
    Consumer Protection in Article 1 Number 4 states that goods are
    every object, both tangible and intangible, both movable and
    immovable, can be used, which can be traded, used, utilized, or
    utilized by consumers. Based on the definition of the object,
    although virtual goods in online games are non-physical objects,
    online game players who are owners still have full rights to the
    virtual goods.[16] The definition of objects is also regulated in
    Law No. 7 of 2014 concerning Trade in Article 1 number 5 which
    states in general that goods are objects, both tangible and
    intangible, both movable and immovable objects, both objects that
    can be consumed or not, and objects that can be traded, used or
    utilized by consumers or by business actors. Basically, in an
    agreement there is a principle of freedom of contract which means
    that everyone is free to enter into an agreement and is free to
    determine the contents of the agreement as long as it is based on
    good faith and does not conflict with the law. In this case, online
    games must meet the requirements for a valid agreement as regulated
    in Article 1320 of the Civil Code. First, the agreement must be
    based on an agreement of the parties. The agreement is voluntary
    without any coercion (dwangsom), error (dwaling) and fraud (bedrog).
    Second, of course the agreement is made by a legally competent party
    as stated in Article 1329 of the Civil Code. Third, that the
    agreement must have a certain object (bepaald onderwerp) which can
    at least be determined as regulated in Article 1333 of the Civil
    Code. Fourth, the agreement must be based on a lawful cause or
    causa. This means that the contents of the agreement contain
    something that does not conflict with laws and regulations.</p>
    <p>Virtual goods buying and selling transactions in online games
    give rise to more than one agreement in which there is an obligation
    to perform from each party. Consumers in this case are online game
    players who buy a currency value in an online game with a certain
    amount of money or use a voucher.[17] In such a position, the
    consumer is positioned as the party who is obliged to fulfill
    his/her performance (debtor) and the provider or developer of the
    online game is positioned as the party entitled to the performance
    (creditor). On the other hand, in terms of the use of online game
    services carried out by online game players, the consumer in this
    case the player is positioned as the party entitled to a performance
    (creditor) and the provider or developer of the online game service
    is positioned as the party obliged to submit a performance (debtor).
    Every act carried out by a person always has legal consequences. In
    law, an act related to the law is said to be a legal act, every
    legal act has certain legal consequences, the legal consequences in
    question are an event that arises due to a cause. A cause can be
    carried out by a legal subject, whether the act is carried out in
    accordance with the law or not. Basically, buying and selling
    carried out through an electronic system or buying and selling in
    general, both originate from an agreement. Every agreement made must
    meet the requirements set out in Article 1320 of the Civil Code.
    Regarding the valid requirements for an agreement regulated in
    Article 1320 of the Civil Code, it is the same as that regulated in
    Article 46 paragraph (2) of Government Regulation of the Republic of
    Indonesia Number 71 of 2019 concerning Electronic System and
    Transaction Organizers. The provisions of the requirements that have
    been regulated in Article 1320 of the Civil Code if the agreement
    does not meet these requirements will result in the agreement being
    void or the agreement cannot be implemented. Every agreement that is
    made legally based on Article 1320 of the Civil Code has valid legal
    consequences, as regulated in Article 1338 of the Civil Code
    paragraph 66 (1).</p>
    <p>The legal efforts that consumers can take to demand
    accountability from business actors are determined through a number
    of laws, including According to the Consumer Protection Law Through
    this regulation, it is clearly regulated regarding the
    responsibility of business actors to consumers, as stated in Article
    19 paragraph (1), which explains &quot;Business actors are
    responsible for providing compensation for damage, pollution, and/or
    losses to consumers due to consuming goods and/or services produced
    or traded&quot;.[18] Thus, if there is a problem or dispute arising
    from losses suffered by consumers, business actors have a legal
    obligation to be responsible for the products they sell, including
    in the context of sales transactions that take place electronically
    or online. This situation emphasizes the principle of absolute
    responsibility (strict liability) of business actors in the event of
    consumer losses. This regulation specifies in detail all aspects
    related to information and electronic transactions, including the
    method of trading conducted online. Article 17 paragraph (2) states
    that all parties involved in electronic transactions, as described
    in paragraph (1) are required to behave in good faith during the
    process of interaction and/or exchange of information and electronic
    documents in the transaction. This includes the responsibility to
    maintain integrity, openness, and avoid actions that may harm other
    parties during the transaction process. In addition, Article 38
    stipulates that every individual has the right to sue the provider
    of the electronic system and/or user of information technology. if
    their actions cause losses. This provision provides legal protection
    for consumers when facing problems related to online sales
    transactions, and gives consumers the right to seek legal resolution
    through the courts.[19]</p>
    <p>If there is a problem in online trading activities, there are 2
    options that can be used to resolve the dispute, either through
    judicial (litigation) or non-judicial (alternative dispute
    resolution-ADR). Speaking of practice, it is not uncommon for
    fraudulent online game item sales to not be reported by buyers to
    the police because the price of the goods being traded is not that
    big. However, as buyers we cannot just stay silent and surrender.
    There are several steps that must be taken if we as consumers are
    deceived in Being Disadvantaged When Purchasing Online Game Items.
    Reporting to the police The first step that must be taken is to
    report 68 online fraud to the police. This step must be done first
    so that the bank will then process the online fraud case. The buyer
    as the victim tells the chronology, then provides evidence, either
    proof of transfer or screenshots of evidence of conversation. The
    police will issue a Report Receipt Letter and then continue the
    report to the investigation and inquiry stage. Go to the bank where
    the seller opened an account After receiving a letter from the
    police, the buyer goes to the bank where the seller opened an
    account accompanied by several documents such as a photocopy of the
    KTP, screenshots of evidence of conversation, proof of transfer,
    stamp. When the bank approves the processing, the buyer will be
    given a chronological letter, and a letter of request to freeze the
    account that must be signed on a stamp. If the process goes
    smoothly, the bank will block the seller's account and then the
    money the buyer transferred will be returned to the buyer if the
    money is still in the account. Most of the time, when the account is
    blocked, the balance is empty because it has been transferred to
    another account so that the buyer as the victim cannot get his money
    back. If the buyer is rejected, the buyer can go to the bank where
    the buyer opened the account. Not infrequently, the seller of the
    bank account does not want to provide the process on the grounds of
    maintaining customer confidentiality. If this happens, the buyer can
    go to the bank where the buyer opened the account and do the same 69
    steps as when visiting the seller's bank account. In the Consumer
    Protection Law, criminal prosecution of business actors
    (individuals) and their managers (business entities) who violate
    Article 62 of the Consumer Protection Law is one element of a
    consumer crime. Producing, selling, or providing an opportunity to
    trade goods that do not meet the established standards is a criminal
    act. Below are various types of consumer crimes that can be
    committed by economic actors or producers. Producing, supplying, or
    trading goods that do not comply. Providing goods or conducting
    business transactions for one's own benefit or the benefit of others
    without any unlawful purpose.</p>
  </sec>
</sec>
<sec id="conclusion">
  <title>CONCLUSION</title>
  <p style="text-align: justify;">Application of Article 1320 of the Civil Code to the Purchase
  Agreement for Payment Services for Online Game Item Buyers that the
  agreement does not fulfill the subjective and objective requirements
  which are the valid requirements for an agreement contained in Article
  1320 of the Civil Code. The requirements that are not fulfilled are
  the agreement of those who bind themselves, a certain thing and a
  lawful cause. for consumers for losses suffered due to the
  irresponsibility of business actors in settling transactions has been
  clearly regulated in Article 19 of the UUPK. However, if the business
  actor's number can be contacted, the perpetrator can be held
  accountable for compensation. In Indonesia, there are two legal
  remedies that consumers can take if they suffer losses in online
  trading transactions, namely through the courts or outside the courts
  (consultation, negotiation, mediation, or expert assessment) according
  to the agreement of each party. The government should also be more
  aware and supervise legal issues that arise in society, so that it can
  quickly act against negative elements that endanger society. Business
  Actors should fulfill their responsibilities to provide clear
  information to consumers on how the transaction is completed and
  business actors should not run away from responsibility regarding
  consumer transactions that have been paid 50%. With the registration
  of electronic businesses, the government can supervise more strictly
  parties who want to be involved and carry out activities concerning
  mutual interests during electronic trading transactions.</p>
</sec>
</body>
<back>
</back>
</article>
