The Legality of Electronic Contracts, Linked to the Validity of the Agreement in Article 1320 of the Civil Code

Abstract

Along with the development of technology, trading activities have also developed from time to time, both in terms of commodities and the trading mechanism itself. This type of commodity trade is strongly influenced by the development of increasingly complex and diverse needs of human life as well as technological advances that continue to develop rapidly. With the development of technology in the field of commerce, there are those related to electronic commerce. Where the parties between the seller and the buyer are no longer face to face, but only through internet media, namely the world wide web, a public network with an open system. This is where the birth of electronic contracts or e-contracts. Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Electronic Information and Transactions (hereinafter referred to as the ITE Law), particularly through Article 1 number 17, electronic contracts are agreements between parties made through electronic system. While the system itself is the desire of electronic devices and procedures that work to prepare, collect, process, analyze, store, display, announce, transmit, and electronically disseminate electronic information. This is regulated in Article 1 number 5 of the ITE Law.

Keywords : Electronic Contract, Legalitas, Private Law