Mechanism and Validity of E-Commerce Buying Transactions According to The Book of Civil Law

Abstract

The title of this study is the mechanism and the validity of the transaction e-commerce in terms of Article 1320 Indonesian Civil Law. The research method used in this study is the kind of normative research that examines the norms, principles and legal doctrines relating to the issues raised. The type of research that researchers use in this study are the type of research on the level of horizontal sync is the norm in terms of the Information and Electronic Transaction Act with the provisions of Article1320Indonesian Civil Law. Offer and acceptance are the stages of pre online buying and selling contracts in e-commerce. In this process the good faith of the parties shall take precedence in the transaction. The momentum of the sales contract e- commerce can not be separated from the pre-contract stage. Although the mechanism is different transactions, but in general the contract e-commerce trading has occurred since the purchaser or consumer to send a message of acceptance of the products on offer to the seller (merchant). This suggests that the momentum of buying and selling contracts e-commerce more closely at the theory of acceptance (ontvangstheorie). Subjective terms in the transaction e-commerce are consent of the individuals who are bound thereby and capacity to conclude an agreement. While the objective terms are a specific subject and an admissible cause. Information and Electronic Transaction Act is a lex specialis provisions of Article1320 Indonesian Civil Law. However, in this Act only regulates consent of the individuals who are bound thereby and a specific subject, while capacity to conclude an agreement and an admissible cause has not been accommodated. Therefore, capacity to conclude an agreement and an admissible cause, can refer to the Civil Code as its lex generalis.