Kontrak Dagang Elektronik sebagai Kontrak Innominaat dalam Persektif Kitab Undang-Undang Hukum Perdata

Abstract

Electronic trade contract is a contract of trade transaction between seller and buyer by using the media of internet either in ordering, paying and delivering the goods. The electronic trade contract is a trade focusing on the principle of free trade in a sense that it is not against Article 1320 of the Indonesian Civil Code (KUH Perdata). The electronic trade contract developing out of the Indonesian Civil Code (KUH Perdata) is categorized as anonymous contract (onbenoemde contract), an innominaat contract with special nature, while contract law or civil law with general nature. Meaning, the innominaat contract only holds for special regulation. This qualitative study with normative juridical method is to study this electronic trade contract referring to the legal norms found in the legislation regulations.The data used in this study are the primary, secondary and tertiary legal materials obtained throught a library research. The legality of electronic trade contract as in innominaat contract must meet the stipulation stated in Article 1320 of the Indonesian Civil Code (KUH Perdata). Commonoly, the format of the contract used among the electronic community is an established contract, the agreement is shown by diking the agree button or by sending an e-mail. Every agreement made by both parties will lead to right and obligation/responsibility and so will the electronic trade contract. The right and obligation/responsibility and so will the electronic trade contract. The method of payment practiced in Law No.8/1999 on Consumer's Protection. The method of payment practiced in an electronic trade contract can be carried out through debit card, credit card, electronic money, and simple electronic shop by means of hyper text markup language (HTLM). This simple electronic shop with HTLM is the same as telephone order or e-mail order.