The Application of Seller Strict Liability for Non-Conformity of Fashion Products in Transactions Conducted Through Instagram

Abstract

The development of information technology has transformed conventional trade patterns into internet-based digital commerce, including the fashion sector through social media platforms such as Instagram. This transformation provides convenience for both business actors and consumers in conducting transactions; however, it also gives rise to legal issues, particularly regarding discrepancies between products received by consumers and those advertised. This study aims to analyze the forms of business actors’ liability and identify the obstacles faced by consumers in claiming their rights over fashion products that do not match the advertisements on Instagram. This research employs a normative legal method with statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary sources, which are examined through library research and analyzed qualitatively-normatively to obtain a systematic understanding of consumer legal protection in digital transactions. The findings show that business actors bear legal responsibility in the form of refunds, product replacement, and compensation when the products received do not correspond to those advertised, as regulated under the Consumer Protection Law and the Civil Code. However, in practice, consumers face various obstacles, such as limited transaction evidence, low legal literacy, weak bargaining positions, ineffective dispute resolution mechanisms, and the lack of adequate transaction protection systems on social media platforms. This study concludes that although consumer protection regulations already exist, their implementation in fashion transactions through Instagram is still not optimal. Therefore, it is necessary to strengthen regulations, improve public legal literacy, and enhance the active role of digital platforms in creating a safer and more equitable trading system.