TINJAUAN YURIDIS TERHADAP FENOMENA TRANSAKSI GESEK TUNAI PADA E-COMMERCE SHOPEE BERDASARKAN PASAL 1320 KUHPERDATA

The phenomenon of cash swipes has become very widespread in society. Cash swipes or gestures are a form of misuse of credit limits given in e-commerce. However, the cash swipe transaction does not meet the legal requirements for an agreement in Article 1320 of the Civil Code. Based on this, the formulation of the research problem is first, what is the legal relationship in cash swipe transactions on Shopee e-commerce and what is the legal protection for consumers in cash swipe transactions on Shopee e-commerce. Normative juridical research methods and conceptual approaches. Sources of primary and secondary legal materials. The technique for collecting legal materials is literature study. Qualitative descriptive analysis. The results of the research and discussion show that the legal relationship in this transaction includes the first party, namely the seller on Shopee, the second party, namely the buyer or user of the cash swipe service, and the third party, namely Shoppe as the platform. And based on Article 1320 of the Civil Code, gestun transactions on Shopee do not meet the requirements for a valid agreement because: The object of the agreement is unclear or does not correspond to the actual intention, Because the agreement is not halal, because it violates banking rules and e-commerce provisions, which is contrary to Bank policy Indonesia and Shopee policies. Legally, because it does not fulfill the legal requirements of the agreement, Gestun transactions in e-commerce such as Shopee are invalid and null and void. If a dispute or loss arises, consumers cannot sue officially. Suggestions that the author presents: The government must tighten supervision of cash swipes, Shopee must tighten security so that it does not provide cash swipe services which are illegal, and the public must realize that cash swipe services on e-commerce at Shopee are not legally compliant.