ASPEK – ASPEK HUKUM PEMBUKTIAN PERDATA TRANSAKSI ELEKTRONIK DENGAN SISTEM PEMBAYARAN WESTERN UNION

Prasetyaningsih, Theresia Indah (2007) ASPEK – ASPEK HUKUM PEMBUKTIAN PERDATA TRANSAKSI ELEKTRONIK DENGAN SISTEM PEMBAYARAN WESTERN UNION. S1 thesis, UAJY.

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Abstract

The rapid growth of the information technology through internet, has changed many aspect of life, such as changing the marketing activity from physical contact way to electronic way (electronic commerce). Because electronic commerce is a trait, thesefore the chance of cheating is opened. To prove the existence of cheating, these fore the party that control the cheating must be followed by by a strong evidence. The evidence in the civil law that is regulated in chapter 164 Het Herziene Indonesiche Reglement, chapter 284 Rechtsreglement Buitengeweten, and chapter 1866 Burgelijk Wetboek that include writing evidence, witness, accusision, confession, and swear. The evidence that is regulated in HR / Rbg / BW is not limitatified, so that it enables the other evidence such as telex, faximile, photocopy, and electronic record to be mode as evidence. In the electronic commerce with western union payment system, the electronic record such as file and print out have the same power of authentication as letter evidence because : 1. The computer system of western union is trustworthy because the computer system of western union has been certificated that is proven with trust mark on western union's websitw 2. A banking computer system has been certificated by the institute which is in charge Bank Indonesia. 3. The certification evidence which is in charge can be categorized as letter evidence, because it is made by the official in charge. Thesefore, this research is done using qualitative analysis, which confiders the descriptive steps, horizontal systematization, and decision making. The result of this research shows that electronic record in western union has the same power ofcauthentification as the written evidence.

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