Tanggung Gugat Pelaku Usaha Online terhadap Konsumen yang Dirugikan atas Tidak Terteranya Informasi Non-Halal pada Aplikasi Gfood

Abstract

This research is based on the weak condition of consumers compared to business actors, which means that many processed foods containing pork are bought and sold online, without providing haram information or labels. The issues raised include whether PT. Grab Teknologi Indonesia is responsible for food applications that do not state halal or non-halal information on food consumed by FAs through Gfood application orders" in terms of Law Number 8 of 1999 concerning Consumer Protection. The research was conducted using a normative approach. Conclusions obtained by PT. GTI and business actors, in this case the K99 Restaurant, are limited to providing applications and delivery services. K99 Restaurant produces and trades processed pork food, does not provide correct, clear, honest information, and does not follow the provisions for including halal labels as stated in Article 7 letter b and Article 8 paragraph (1) letter h of Law no. 8 of 1999. K99 restaurants that do not include haram labels on the food products they produce and trade result in FA suffering material and immaterial losses. In this case PT. GTI has transferred its responsibility to K99 Restaurant as a business actor based on clause 5.2 point 5 of the Applicable Terms and Conditions. The K99 Restaurant is responsible for providing compensation to the FA, however considering that there is a time limit for providing compensation which is only 7 (seven) days from the date of the transaction, the K99 Restaurant can be sued on the basis of an unlawful act as stipulated in Article 1365 of the Civil Code.