Pelaksanaan Perjanjian Dalam E-Commerce di Malang Ditinjau Dari Sudut Hukum Perjanjian Menurut KUHPerdata

• Main Author: Perpustakaan UGM, i-lib
• Format: Article NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2005
• Subjects: Jurnal i-lib UGM
• Online Access: https://repository.ugm.ac.id/24465/; http://i-lib.ugm.ac.id/jurnal/download.php?dataId=7440
• Institution: Universitas Gadjah Mada

The research on the implementation of agreement in e-commerce in Malang viewed from the legal perspective on agreement according to the Civil Code is a juridical normative research, which aims to know the implementation of agreement in e-commerce in Malang viewed from the legal perspective of agreement according to the Civil Code. The research focuses on library research to obtain secondary data and field research for promary data. The method for sample determination is purposive sampling method, and for the data analysis is qualitative method. The research results show that an agreement of sale in e-commerce is legitimate when viewed from the legal perspective of agreement according to the Civil Code, as it already fulfilled the requirement for the legivimation of agreement based on Article 1320 of the Civil Code. It has fulfilled the requirements that there are mutual agreement between the two sides, eligibility of the parties, a particular matter and a permitted cause. For the perfection of regulation on e-commerce, a further regulation needs to be completed regarding the exact time when the agreement is made, and the eligibility of the parties. In relation with the implementation of the agreement, i.e., the payment and the taking-over of goods, these are also in line with the regulation stipulated in the Civil Code. For the jurisdiction of the court, the parties involved in e-commerce transaction are subjected to a special jurisdiction, i.e., the one that is applied to someone who is outside the territory of a concerned country. Meanwhile, the law to be applied M e-commerce transactions chould be based on "the most characteristic connection" theory, which means the law from the side who must perform the most characteristic obligation. For the perfection of regulation on e-commerce, then it needs a law that completely and acurately regulates e-commerce. Before such a law is issued, the absence of legislation is prevented to happen by the application of the regulation concerning agreement stipulated in the Civil Code. Keywords: e-commerce, agreement, the Civil Code.