DOI: 10.36347/sjahss.2018.v06i03.018

Pages: 604-610

The era of today is full of unexpected events. As well as in the field of on-line purchase agreement. In E-Commerce the form of agreement used is the standard / fixed that the contents of the agreement has been first prepared by the business actors without involving their customers, there is no bargain about the contents of the agreement. Here we see the position of the consumer is in a weak position, no bargaining position is the same between business actors with consumers. In connection with the matter in Article 9 of Law Number 11 Year 2011 concerning Transaction and Electronic Information stipulates that the business actor is obliged to provide complete information related to the terms of the contract to the consumer in offering its products, Article 18 of the Consumer Protection Law concerning the prohibition of the prohibition on the use of the standard clause is apparently in fact the business actor still commits a violation even though Article 18 Paragraph (3) of the Consumer Protection Act has stated that the documents or agreements that comply with the provisions in paragraphs (1) and (2) of the Consumer Protection Act this is declared null and void. In this study using normative legal research to provide prescriptive "justification", research is conducted in order to find a new knowledge for fair consumer protection. The result of this study is that consumer protection does not reflect fairness, balance and proportionality in the standard E-Commerce Agreement. This is because in the standard E-Commerce agreement there is no equal bargaining position for both parties so that it has placed a stronger position on the business actor and the weak position on the consumer, because the contents of the agreement is determined unilaterally by the business actors so there is no "space" to do negotiations on matters that have not been agreed upon in the offering of a product. Where this means that the use of a standard agreement on a Commerce transaction is contrary