Liability of Marketplace as Electronic System Provider in Regard to System Failure Occured on Online Transactions

Abstract

Digital transaction activities in community activities have increased due to the accelerated adoption of digitalization in Indonesia but it also has potential problems in the future such as many frauds and even crimes that often occur in cyberspace so that they tend to harm consumers or users. This research also examines the liability of Electronic System provider in regard to the system failure occurrence on online transaction. However based on the research The existence of current regulations concerning Electronic Information and Transactions in conjunction with Government Regulation Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions the liability in the case of system failure that causes losses to the other party, is not explicitly stated there are no sanctions for indemnity for Electronic System Provider the existing regulation  only regulate the administrative sanction Therefore, the author suggests that electronic system provider must secure, carry out maintenance and all the efforts necessary for the electronic system to work properly to be reliable. Liability for system failures that cause harm to other parties must be explicitly stated in the Regulations