PENEGAKAN HUKUM TERHADAP PENJUALAN PAKAIAN BEKAS IMPOR MELALUI MEDIA ONLINE

Abstrak

Imported used clothing is regulated in Law Number 7 of 2014 Regarding Trade, Article 47 paragraph (1) states that used goods may enter Indonesia but used clothes are not allowed. Including the sale carried out via online media such as Instagram, TikTok or e-commerce such as on Shopee and Tokopedia. Imported used clothing is prohibited by law However, in practice the author still finds second-hand clothing import businesses it's even sold online. Then, this business actor did not convey honestly the condition of the goods being bought and sold and violated the Consumer Protection Law by selling used clothes and buying and selling imported goods in not new condition, using online media. Research objectives, 1. To analyze the legal application of imported second-hand clothing businesses through online media. 2. To analyze the government's efforts to enforce the law against used clothes seller. The method used in the research is a normative juridical approach. Conclusion: 1) The application of the law to sellers of imported second-hand clothing has been regulated in several regulations, including Regulation of the Minister of Trade Number 18 of 2021 concerning Goods Prohibited from Export and Goods Prohibited from Import, but in online media it has not been fully implemented because the regulations regulate imported second-hand clothing, only explains in general about direct sales, namely the Minister of Trade No. 18 of 2021, while online media has not yet been fully regulated. 2) The government's efforts to enforce the law against sellers of second-hand clothes include criminal sanctions as stated in Article 113 of Law No. 7 of 2014. The prison sentence is 5 years and a maximum fine of IDR. 2,000,0000,000.00 (two billion rupiah) has not yet been implemented because the government only carries out law enforcement against offline sellers, while online sales have not implemented either preventive or repressive measures.