Reconstruction of Business Actor Regulation and Digital Platform Responsibilities in Consumer Protection Facebook Marketplace

Abstract

Social commerce blurs the boundaries between personal and commercial transactions, creating uncertainty regarding seller status, platform responsibility, and consumer remedies on Facebook Marketplace. This study examined weaknesses in the Indonesian legal framework governing business actors and digital platforms and formulated a proportional reconstruction model for consumer protection. It employed prescriptive normative legal research using statutory, conceptual, and functional comparative approaches. The legal materials included Indonesian regulations on consumer protection, electronic systems, and electronic commerce, alongside the European Union Digital Services Act, China’s Electronic Commerce Law, and India’s Consumer Protection (E-Commerce) Rules. The materials were analyzed qualitatively by identifying regulated subjects, obligations, liability triggers, and available remedies. The findings indicated that Indonesia does not lack regulations; rather, existing provisions remain fragmented and require clearer connections between indicators of commercial activity, platform functions, and mechanisms for loss recovery. Seller classification should consider transaction continuity, profit orientation, inventory procurement, and sales organization rather than relying solely on account type. Platform liability should be structured proportionally based on function, level of control, knowledge, and involvement, while consumer protection mechanisms should strengthen seller traceability, information disclosure, complaint documentation, and proportionate remedies. This study concludes that harmonized regulations combining substantive seller classification, function-based platform responsibility, and accessible redress mechanisms can improve legal certainty and consumer protection without imposing uniform liability on all sellers or digital platforms.