Shopee’s Legal Relationship With Shopee Paylater Users Who Commit Defaults (Research Study In Lhokseumawe City)

Abstract

SPaylater users can make purchases first and pay later. After making a transaction with SPaylater, users are required to pay the bill in installments according to the installment period selected previously. If they do not pay, users will be subject to a fine of 5% per month of the total bill, but the sanctions in the form of fines given for late users have not provided a deterrent effect or are detrimental to SPaylater users. Therefore, this study needs to be conducted to explain and analyze the legal relationship and responsibilities between SPaylater and Shopee users in SPaylater payments in Lhokseumawe City. The research method uses empirical legal research or is often called sociological legal research. The approach used in this study uses laws and case approaches. Data collection techniques are carried out through field research and document / literature research. The data collection tools used are literature studies and interviews. Data analysis uses normative research methods, which are a way of interpreting and discussing research materials based on legal understanding, legal theories, and doctrines related to the main problem. Based on the results of this study, the legal relationship that occurs in Lhokseumawe City between PT. Commerce Finance as a representative of SPaylater as well as a creditor with the user as a debtor is a legal relationship that is basically born because of a credit agreement or loan agreement, this refers to Article 1754 of the Civil Code. The legal responsibility for SPaylater users in Lhokseumawe City who are in default is that the SPaylater service provider can make efforts to demand responsibility for fulfilling the performance to SPaylater users, in the form of a first summons given a notification from the Shopee application to check the bill and a warning to immediately pay the bill. Users must also pay a late fee of 5% per month of the total bill, restrictions on access to functions in the application and the use of Shopee Vouchers, user credit ratings in SLIK, OJK prevents users from getting financing from banks or other companies, and can cause the user's Spaylter account to be frozen. It is expected that SPaylater users in Lhokseumawe City will be more careful before agreeing to a credit agreement in this transaction in order to measure their ability to fulfill the agreed achievements and clearly understand the legal relationship, rights and obligations, and legal responsibilities that arise after an agreement to bind themselves in an agreement and if there is a default. And it is expected that Shopee and PT. Commerce Finance as creditors will be more assertive in providing sanctions or responsibilities for SPaylater users in Lhokseumawe City who commit defaults, so that each user tries to pay off their bills and there is no more default in SPaylater transactions.