Electronic Trading Contract As An Innominaate Contract In The Perspective Of The Civil Code

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Introduction

In the digital age, electronic trading contracts have become a crucial aspect of online transactions. These contracts are agreements between sellers and buyers conducted through internet media, including ordering, payment, and shipping of goods online. The principle of free trade, as emphasized in electronic trade contracts, does not conflict with Article 1320 of the Indonesian Civil Code (KUH Civil). In this context, an electronic trading contract is categorized as an anonymous contract (onbenoemde contract) or an innominaate contract that has a special nature, in contrast to general contract law. Thus, the innominaate contract only applies with special regulations.

Background

Electronic trading contracts have become increasingly popular due to the ease and speed of online transactions. People now prefer to shop online because of the convenience and speed it offers. However, the legal provisions governing electronic trading contracts are not well understood by many consumers and business actors. This lack of understanding can lead to adverse business practices and uncertainty for all parties involved. Therefore, it is essential to understand the unique characteristics of an electronic trading contract as an innominaate contract and the legal provisions governing it.

Methodology

This study uses a qualitative research method with a normative juridical approach to analyze electronic trading contracts based on legal norms contained in statutory regulations. The data used in this study includes primary, secondary, and tertiary legal materials obtained through library research. The validity of the electronic trading contract as an innominaate contract must meet the provisions stipulated in Article 1320 of the Civil Code.

The Nature of Electronic Trading Contracts

Electronic trading contracts are a type of contract that is conducted through internet media. This process includes ordering, payment, and shipping of goods online. The contract format used in the electronic community is a predetermined contract, where the agreement is shown by clicking the agreement button or by sending an email. Every agreement made by both parties will produce rights and obligations, including in an electronic trading contract. These rights and obligations create responsibilities for every party involved.

Payment Methods in Electronic Trading Contracts

The payment method applied in the electronic trade contract follows the provisions listed in Law No. 8 of 1999 concerning Consumer Protection. The payment process in an electronic trading contract can be done through various methods, such as debit cards, credit cards, electronic money, and simple electronic shops that use Hypertext Markup Language (HTML). This simple electronics store with HTML is similar to booking by telephone or email, providing easy access for consumers.

The Significance of Electronic Trading Contracts as Innominaate Contracts

From a legal point of view, it is essential to understand the unique characteristics of an electronic trading contract as an innominaate contract. In the realm of civil law, innominaate contracts offer greater flexibility compared to traditional contracts. This allows business people to design an agreement that is more in line with the needs and current market conditions.

The Relevance of Electronic Trading Contracts in the Digital Age

In the digital age, where online transactions are increasingly widespread, the existence of electronic trading contracts is very relevant. People now prefer to shop online because of the ease and speed of it offered. Therefore, understanding the legal provisions governing the contract is very important, both for consumers and business actors.

Conclusion

An electronic trading contract as an innominaate contract is not just a tool to conduct transactions, but also is a form of legal validity that provides certainty for all parties involved. Ensuring that every aspect of this contract meets the provisions in the Civil Code is an important step in creating a healthy and fair trade ecosystem in cyberspace. Clear regulations regarding electronic trading contracts will help protect consumers from adverse business practices. In addition, with the legal provisions governing, business actors can be more confident in carrying out electronic transactions, because their rights and obligations are guaranteed legally.

Recommendations

Based on the findings of this study, the following recommendations are made:

  1. The government should establish clear regulations regarding electronic trading contracts to protect consumers from adverse business practices.
  2. Business actors should be aware of the legal provisions governing electronic trading contracts to ensure that their rights and obligations are guaranteed legally.
  3. Consumers should be educated on the importance of understanding the legal provisions governing electronic trading contracts to ensure that they are protected from adverse business practices.

Limitations of the Study

This study has several limitations, including:

  1. The study only focuses on electronic trading contracts in Indonesia and may not be applicable to other countries.
  2. The study only uses a qualitative research method and may not provide a comprehensive understanding of electronic trading contracts.
  3. The study only analyzes the legal provisions governing electronic trading contracts and may not consider other factors that may affect the validity of the contract.

Future Research Directions

Future research should focus on the following areas:

  1. Conducting a comprehensive analysis of electronic trading contracts in other countries to identify similarities and differences.
  2. Using a mixed-methods approach to provide a more comprehensive understanding of electronic trading contracts.
  3. Considering other factors that may affect the validity of electronic trading contracts, such as technology and consumer behavior.

References

  1. Law No. 8 of 1999 concerning Consumer Protection.
  2. Article 1320 of the Indonesian Civil Code (KUH Civil).
  3. Various legal materials obtained through library research.

Appendices

  1. List of primary, secondary, and tertiary legal materials used in the study.
  2. Summary of the findings of the study.
  3. Recommendations for future research.

Introduction

Electronic trading contracts have become a crucial aspect of online transactions. However, many consumers and business actors are not familiar with the legal provisions governing these contracts. In this article, we will answer some frequently asked questions (FAQs) about electronic trading contracts as innominaate contracts.

Q: What is an electronic trading contract?

A: An electronic trading contract is a trade agreement between sellers and buyers conducted through internet media, including ordering, payment, and shipping of goods online.

Q: What is an innominaate contract?

A: An innominaate contract is a type of contract that has a special nature, in contrast to general contract law. It is also known as an anonymous contract (onbenoemde contract).

Q: What are the characteristics of an electronic trading contract as an innominaate contract?

A: An electronic trading contract as an innominaate contract has the following characteristics:

  • It is conducted through internet media.
  • It includes ordering, payment, and shipping of goods online.
  • It is a predetermined contract, where the agreement is shown by clicking the agreement button or by sending an email.
  • Every agreement made by both parties will produce rights and obligations, including in an electronic trading contract.

Q: What are the payment methods used in electronic trading contracts?

A: The payment methods used in electronic trading contracts include:

  • Debit cards
  • Credit cards
  • Electronic money
  • Simple electronic shops that use Hypertext Markup Language (HTML)

Q: What are the legal provisions governing electronic trading contracts?

A: The legal provisions governing electronic trading contracts are listed in Law No. 8 of 1999 concerning Consumer Protection and Article 1320 of the Indonesian Civil Code (KUH Civil).

Q: Why is it essential to understand the legal provisions governing electronic trading contracts?

A: It is essential to understand the legal provisions governing electronic trading contracts because they provide certainty for all parties involved and help protect consumers from adverse business practices.

Q: What are the benefits of electronic trading contracts as innominaate contracts?

A: The benefits of electronic trading contracts as innominaate contracts include:

  • Greater flexibility compared to traditional contracts.
  • Ability to design an agreement that is more in line with the needs and current market conditions.
  • Easy access for consumers.

Q: What are the limitations of electronic trading contracts as innominaate contracts?

A: The limitations of electronic trading contracts as innominaate contracts include:

  • Lack of understanding of the legal provisions governing electronic trading contracts.
  • Uncertainty for all parties involved.
  • Adverse business practices.

Q: What are the recommendations for future research?

A: The recommendations for future research include:

  • Conducting a comprehensive analysis of electronic trading contracts in other countries to identify similarities and differences.
  • Using a mixed-methods approach to provide a more comprehensive understanding of electronic trading contracts.
  • Considering other factors that may affect the validity of electronic trading contracts, such as technology and consumer behavior.

Q: What are the references used in this article?

A: The references used in this article include:

  • Law No. 8 of 1999 concerning Consumer Protection.
  • Article 1320 of the Indonesian Civil Code (KUH Civil).
  • Various legal materials obtained through library research.

Q: What are the appendices used in this article?

A: The appendices used in this article include:

  • List of primary, secondary, and tertiary legal materials used in the study.
  • Summary of the findings of the study.
  • Recommendations for future research.