CD Skripsi
Tinjauan Yuridis Wanprestasi Keterlambatan Pengiriman Barang Di Jasa Ekspedisi J&T Express Pekanbaru
ABSTRACT
This research is prompted by the rapid advancement of technology, which has significantly transformed patterns of commercial transactions within society. Such developments have fostered the proliferation of online marketplaces, subsequently followed by the emergence of numerous courier service providers offering expedited delivery services at competitive rates. Nevertheless, in practice, delivery delays frequently occur, resulting in consumer losses and raising legal concerns regarding the liability borne by courier service providers. The applicable legal framework in this context is Article 1243 of the Indonesian Civil Code (KUHPerdata), which governs breaches of contract (wanprestasi).The primary objectives of this study are: first, to examine the regulatory provisions concerning delivery timeframes as implemented by J&T Express; and second, to analyze the legal implications arising from delays in the delivery of goods to consumers.
This study adopts a socio-legal (yuridis sosiologis) approach, which views law not merely as a set of normative rules but as a dynamic institution operating within a societal context. The research employs both primary data—gathered through interviews with affected consumers and representatives of courier services—and secondary data derived from statutory regulations, legal literature, and tertiary sources such as legal dictionaries and encyclopedias. Data collection is conducted through a combination of field studies and comprehensive literature review.
The findings of this study indicate that the delivery time estimations provided by J&T Express constitute a form of service commitment, serving as a reference point for consumers in selecting delivery services. These estimations, therefore, carry contractual significance and must be fulfilled accordingly. However, empirical observations reveal frequent deviations from the promised timeframes, thereby indicating a failure to perform contractual obligations. Such delays, when resulting in consumer losses, may be classified as a breach of contract under Article 1243 of the Civil Code, which obliges the defaulting party to compensate for damages incurred. Legal responsibility remains with the courier service provider unless it can be demonstrated that the delay was caused by force majeure or occurred without any element of negligence. In this regard, the principle of presumption of liability applies, whereby the burden of proof rests with the courier company.
Keywords : Contract, Shipping, Responsibility
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