Analisis Hukum Kontrak yang Dilakukan Secara Elektronik (Electronic Contract)

Abstract

Advancement of technology, internet in particular, brings many advantages to our daily activities. But, on the other hand, this advancement also raises new issues. The practice of E-commerce as a kind of commercial transactions which is undergoing rapid growth is faced with problems. From legal field, e-commerce practice is faced with the problems of contract legality and whether an electronic contract is acceptable as evidence in court. The purpose of this research is to find out whether an electronic contract is valid and to find out the weight of an electronic contract as evidence when a dispute occurs, particularly in Indonesia and to determine the legal protection for the parties to the sale and purchase agreement via internet. This research is descriptive analytical in nature with juridical empiric approach. Data for this research are obtained from library research and interviews with a Medan State Court judge, four e-commerce performers. The results of this research show that there are dissenting opinions about the legality of electronic contract and the use of electronic contract as evidence among the State Court judge (electronic contract is not valid and not acceptable as evidence), e-commerce performers (electronic contract is valid and acceptable as evidence).