ANALISIS PERTANGGUNGJAWABAN HUKUM MERCHANT DAN AFFILIATOR ATAS KETIDAKSESUAIAN SPESIFIKASI PRODUK YANG DITERIMA KONSUMEN (Studi Kasus Platform E-Commerce Tiktok Shop Affiliate)

This research examines the fragmented legal accountability within the affiliate marketing ecosystem on social commerce Tiktok Shop when consumers receive products that do not match the promoted specifications. The complex tripartite relationship among consumers, merchants, and affiliates on the TikTok Shop platform creates ambiguity regarding who bears responsibility for consumer losses. This study aims to thoroughly analyze the legal liabilities of both merchants and affiliates in cases of product non-conformity. The research employs a sociological juridical approach, with primary data obtained from interviews with affected consumers and active affiliates, and secondary data from internal Tiktok Shop regulations and legal literature. The findings indicate that the merchant's liability is rooted in the contractual sales relationship and is enforced through the Tiktok Shop internal dispute resolution mechanism based on the principle of strict liability. Conversely, the affiliate's responsibility is informational, tied to the accuracy of their promotional content, and is enforced administratively through a violation points system by Tiktok Shop, which does not provide direct compensation to consumers. It is concluded that there is a separation of liability: the merchant is responsible for the product, while the affiliate is responsible for the information, creating a gap in consumer protection.