TINJAUAN YURIDIS PERJANJIAN JUAL BELI SECARA ONLINE SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK
| Main Authors: | , Andri Bungsu Barus, SH, , Prof. Dr. Nindyo Pramono, S.H., M.S. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/89509/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51773 |
Daftar Isi:
- Advancement of technology, internet in particular, brings many advantages to our daily activities. But, on the other hand, this advancement also raises new issues. The practice of E-commerce as a kind of commercial transactions which is undergoing rapid growth is faced with problems. From legal field, e-commerce practice is faced with the problems of contract legality and whether an electronic contract is acceptable as evidence in court. The purpose of this research is to find out whether an electronic contract is valid and to find out the weight of an electronic contract as evidence when a dispute occurs, particularly in Indonesia. This research is a normative legal research. Data was obtained with literary study and field study. Data collection was done by direct study in field to look for information relevant to research object using direct interview. Primary and secondary data was analyzed quantitatively by categorizing data according to interest in each problem formulation. The research reveals that: First, the implementation of a media buying and selling via the Internet consists of four processes, namely supply, receipt, payment, and delivery. Second, Article 1320 of the Indonesian Civil Code (ICC) can be applied analogically to E-commerce transaction. Article 18 of the Information & Electronic Transaction explain that electronic transaction are poured into an electronic contract binds the parties. Third, based on the authentication system that it set in Indonesian Civil Code (ICC), the evidences consists of: written evidence, witness evidence, suspicions, recognition and proof of oath (article 1866 of the Indonesian Civil Code /article 164 HIR). Article 5, 6 and 7 of The Information & Electronic Transaction Law Number 11 of 2008 adds electronic information and/or electronic document and/or print out as an electronic evidence.