KEDUDUKAN HUKUM MEDIA SOSIAL (WHATSAPP, INSTAGRAM, DAN FACEBOOK) SEBAGAI SARANA JUAL BELI DAN IMPLIKASINYA TERHADAP KEPASTIAN HUKUM PARA PIHAK

This research aims to analyze the legal status of social media as a means of conducting sales transactions and to examine its implications for legal certainty for the parties involved within the perspective of Indonesian civil law. The research method used is normative juridical with a statutory and doctrinal approach, analyzed through descriptive analysis. The findings show that htransactions conducted through social media platforms are essentially valid under civil law as long as they fulfill the legal requirements for a valid agreement as stated in Article 1320 of the Indonesian Civil Code. However, from an administrative perspective, social media platforms cannot yet be categorized as Electronic Trading System Providers (PPMSE) as referred to in Government Regulation No. 80 of 2019 and Ministry of Trade Regulation No. 31 of 2023. As a result, they are not bound by obligations related to consumer protection, dispute resolution systems, or legal responsibilities, unlike formal e-commerce platforms. This regulatory gap creates legal uncertainty for both consumers and businesses in informal transactions through social media. Therefore, legal reform is necessary through the application of the theory of legal certainty and the theory of law as a tool of social engineering to establish an adaptive and responsive legal framework that aligns with the development of digital commerce in Indonesia.
Keywords: social media, buying and selling, legal certainty.