| dc.description.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. | en_US |
