ANALISIS TERHADAP PENERAPAN ASAS KEBEBASAN BERKONTRAK PADA STANDAR KONTRAK DALAM E-COMMERCE

Howard, Epi Glen (2007) ANALISIS TERHADAP PENERAPAN ASAS KEBEBASAN BERKONTRAK PADA STANDAR KONTRAK DALAM E-COMMERCE. S1 thesis, UAJY.

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Abstract

E-commerce is one of the new methods in trading transactions of products and services. The advancement of e-commerce brings significant development in business field. However, this matter is not balanced by the existence of clear regulations from the government. Whatsoever, in Indonesia although there is not exist the clear regulations, e-commerce is always rapidly developed. Thus, there are a lot of parties of which lack of consideration on the regulations ruling on the agreement matters in e-commerce, mostly faced any unconsciousness, especially those who concerns with standard contract in e-commerce, whether it is legal if perceived from the Criminal Code (KUH Perdata). This research was conducted to know that the principals of contract independency in an agreement could behalf as the basic to make a contract, of which conducted by electronic method. Thus, standard contract in e-commerce was not a barrier to the existence of a contract. This matter was based on the regulation of the Article 1338 of Criminal Code (KUH Perdata) and UNICITRAL Model Law on E-Commerce. The chapter one concerns on the general regulation, in the article three concerns on the interpretation of which state that an agreement should be conducted with a good will. The method used in analyzing the problem formulation was conducted through literary study, of which then was taken a conclusion. Thus, it was gained a clear answer and could be used.

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