This research is motivated by the development of increasingly advanced E-Commerce
technology. The development of E-Commerce that is increasingly advanced, one of
which is experienced by Tokopedia. Data shows that 9% of Tokopedia application
users are children. In the terms and conditions of the application, Tokopedia has not
provided a contract specifically intended to protect children. Children are the next
generation of the nation that must be protected so that in the future they can make the
Indonesian nation better. The purpose of this study is to find out what the
responsibilities of sellers and E-Commerce parties are to children as consumers in
buying and selling transactions at Tokopedia, and to find out what legal protection is
for underage consumers who are victims of electronic transactions at Tokopedia. This
study uses a descriptive approach with normative legal research in discussing it. The
results of the study indicate that the seller's responsibility to children as consumers in
making buying and selling transactions at Tokopedia is to return goods or return funds.
Tokopedia's responsibility towards children as consumers in conducting buying and
selling transactions at Tokopedia is to withhold funds and if the goods are not suitable
or defective or damaged, the funds will be returned to the child consumers. Tokopedia
will also penalize sellers who are proven to have violated Tokopedia regulations. Legal
protection for underage consumers who are victims of electronic transactions at
Tokopedia is contained in the Law of the Republic of Indonesia Number 8 of 1999
concerning Consumer Protection. However, this article contradicts the Civil Code,
Law Number 11 of 2008 concerning Information and Electronic Transactions, and the
Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection
which states that children who transact in buying, and selling are not legally protected.
because the child is considered not yet capable of making an agreement.