Online Shopping Protection in Indonesia: A Social & Legal Discourse

: In this modern era, Electronic Commerce or business transactions today's generation called it the online shopping loved everybody in terms of its use, because it is very effective and can efficiently time so that one can conduct transactions wherever and whenever. It turns out it is very bersiko. Internet is an open network that can trigger the occurrence of data manipulation factors which would harm the party. Finally, emerging form of software security solutions, which did not give full guarantee to be free from loss, it certainly can reduce public confidence. Based on the relevant legislation, namely Law No. 40 of 20014 any emerging risks and capable of causing the loss can be the object of insurance. This means that all forms of transactions in e-commerce should be insured in order to ensure certainty and security in the transaction. The rules regarding insurance with respect to electronic commerce should be regulated specifically in a chapter in the Law No. 40 of 2014 on insurance, so as to provide clear regulation about insurance sehubungannya with e-commerce. Through normative legal research methods are expected to be able to prove how a clear legal basis to the problem in question, especially in the perspective to businesses as well as the Insurance Act itself.


I. INTRODUCTION
The Unfortunately, such solutions are not going well that led to a reduction of public confidence as consumers. New programs are applied, such as Cash on Delivery (COD) also remains in doubt by consumers.
Considering Indonesian Commercial Code (KUHD) and insurance legislation, we will know that all things that cause harm can be the object of insurance. That is, e-commerce is an object that can be insured. With this it can reduce the acceptable losses. It was proved that the importance of the use of insurance law against e-commerce transactions. Unfortunately, the current regulations have not set any specific to the insurance law in connection with e-commerce transactions. In fact, if we look at the facts that occurred in the field, many disputes e-commerce arising from losses obtained the parties

II. METHODS
To identify and explain their everything related to the subject matter required a study guide called research methods, namely, how to describe something by using a carefully thought to mencapai a purpose. 3 The method used in this paper is a normative legal research methods by linking the issue with the provisions contained in the legislation concerned. Also used other written materials, such as journals and articles related to the implementation of the e-commerce insurance. Guba and Lincoln define a paradigm as a set of basic beliefs or metaphysical relating to fundamental principles. These beliefs are basic in the sense simply to be accepted solely on faith alone, it is because there is not a way to determine an ultimate truth. 4 Paradigm is a perspective to understand the complexities of the real world. 5 The paradigm that we use is the paradigm of qualitative research which is descriptive and accurate analysis to achieve the purpose of writing. Various theoretical basis is used as a reference in solving problems. Examining the issue that is expected to find a major foundation conducted a literature study, which collects materials in the form of reliable literature. Followed by systematically analyzing activity journals, legislation, scientific articles, and other materials related to the material covered in this paper.

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In this paper allows for diversity of thought, and so we need accurate data, in the form of the draft Trade Law and Law No. 40 of 2014 on Insurance. Data were then collected from several law journals, and credible scientific articles. Qualitative analysis method by selecting the material and the articles contained in the selected literature sources, and then linked to the material covered, so as to produce an answer to the problems raised.

III. E-COMMERCE & BENEFIT CARRIERS' CONSUMER INTERESTS
Use of the Internet in the business has evolved, from the exchange of information electronically to the application of the business strategy, Interchange which serves to send business documents, and security of Electronic Funds Transfer payment system.
As a result of the internet, marketing on the company, products, and service into an interactive process at this time. The company Web site is not just a catalog presents the product and media campaigns, it is used for dialogue, discussion, and consultation with the consumer, so that consumers can be directly involved in the design, development, can be a support system is the most important for the success of a relationship with customers and prospective customers. 7 Then e-commerce is the object of insurance, proof of which occurred in the field, all activities in the transakti e-commerce is likely to cause a loss.

IV. INSURANCE LAW IN THE BUSINESS OF ELECTRONIC TRANSACTIONS VIA THE INTERNET (E-COMMERCE) IN THE PERSPECTIVE OF THE DRAFT TRADE LAW
The party most responsible for the loss in e-commerce transactions is the Institute Certificate Authority. Because he is obliged to provide full protection against e-commerce website. This is why the Institute is an initiative Certificate Authority transferred the risk to the insurance. 12 Insurance agreement between the two must be stated 13 :

1) Day made Insurance
2) The names of those insurance to cover the expense of their own or at the expense of a third person  In essence, there are other things that can be the object of insurance ecommerce, the network security system. 14 However, the insured herein are the responsibility of the Institute Certificate Authority to replace the losses if it protects e-commerce result in losses. In connection with the business activities of e-commerce, possible risks that may arise, such as: wiretapping, fraud, duplication of transaction information, theft of confidential information, and so on. 16

C. The importance held special regulations governing insurance in electronic transactions via the Internet (e-commerce) in Indonesia
Anything that raises the risk of loss, must be followed up further in order to achieve the well-being.
On the other hand, especially in Indonesia, in the context of legal vagueness cyber insurance (a type of insurance that is used to protect Internet-based business and individual users of the risk), should not make the problems that cause law enforcement to not settle a problem. 17 If law enforcement does not settle a problem for refusing to resolve a dispute, then it means there will be protection for the benefit of mankind. Then there will be no justice, prosperity, rule of law, and social benefit are realized.
In any case, as set forth in Article 10 paragraph (1)  Despite it all, do not we think that such could cause a loss? Do not we think that everything must have risks? And when that happens, do not we think about how proper and duly taken to minimize these risks? Already we know around us know many were hesitant to take advantage of this electronic transactions, many among those who feel aggrieved because he had cheated while trying to purchase goods through electronic transactions. Or not uncommon to hear the owner of an electronic transaction business suffered losses due to hacking critical data illegally carried out by parties who are not responsible.
We already know that web security software now includes not safe.
What a great solution to minimize them? Based on the elaboration of the above analysis, we should be able to answer that at this sort of use of insurance law is needed. Insurance law should play an important role in minimizing the risk of losses on the use of business using electronic transactions.
What if there are doubts insurance law effective in minimizing losses in said electronic transactions? It actually can be wajari because so far, we know that the role of the insurance law in the protection of electronic transactions and has not been enacted yet adopted formally. However, for those who doubt the existence of the role of the insurance law in the handling of legal risk insurance can we explain that based on the results of the analysis carried out, referring to the draft Trade Law and the Law of Insurance recently, that 36 | Online Shopping Protection in Indonesia everything that can be exposed to the risk of loss that may becomes the object of insurance. If it is no article in the law that regulates such, although the article in question was not specifically mentioned 'electronic transactions' but we know that what has happened with the electronic transaction business lately suffered losses. Then why do not we take advantage of the existing rules in the article? We should use it well, as long as there are no rules that exclude objects from electronic transactions as an insurance. Surely the public as consumers of everything crave made a special chapter on insurance legislation that actually regulates the relationship with the business insurance through an electronic transaction or that we usually brief with e-commerce. Then why do not we take advantage of the existing rules in the article? We should use it well, as long as there are no rules that exclude objects from electronic transactions as an insurance.
Surely the public as consumers of everything crave made a special chapter on insurance legislation that actually regulates the relationship with the business insurance through an electronic transaction or that we usually brief with e-commerce. Then why do not we take advantage of the existing rules in the article? We should use it well, as long as there are no rules that exclude objects from electronic transactions as an insurance. Surely the public as consumers of everything crave made a special chapter on insurance legislation that actually regulates the relationship with the business insurance through an electronic transaction or that we usually brief with e-commerce.
Based on the above explanation can also be seen that the birth of ecommerce transaction model means to give birth in the transaction dispute. The importance of insurance law against the use of objects that is likely to cause a loss to the parties concerned need to be considered, especially in e-commerce business transakti. Because if 37 | Indonesia Media Law Review such things were underestimated, then certainly there will be no such thing as welfare. Such disputes like not be ignored, especially in this modern era. To that end, I agree that it is necessary to legislation on insurance, in which there is a special chapter, which provides insurance arrangements regarding transactions in connection with ecommerce. So that the parties relating to this case, for example, Bank, Institute of e-commerce service providers, Certificate Authority institutions, as well as consumers, obtain legal certainty. Until the end purpose of the law can be realized.

V. CONCLUSION
Article 246 Commercial code can be concluded that e-commerce is the object of insurance, because of all the activities in e-commerce can cause loss, damage, or no benefit to the parties therein. The party most responsible for the loss in e-commerce are the Organization Certificate Authority that acts as an electronic transaction security.
Certificate Authority institutions were given responsibility for securing electronic business transactions of various kinds of damages that can be caused. Insurance in electronic commerce need to be regulated under the laws in Indonesia. Because as we know, turned out to be the development of information technology can have an impact on the development of law. With the birth of a new transaction model will inevitably arise in the transaction dispute. For that, we need specific regulations on the matter, or at least in the Law of Insurance, in it created a special section, which regulates the insurance to do with the transaction of electronic commerce, so that the risk of loss will reach minimum levels and for the interested parties can get legal certainty they deserve from the government.