Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerce

An electronic contract is a contract made by the parties through electronic media, each party when negotiating does not need to have a face-to-face meeting but uses electronic media such as email. Currently, electronic contracts have received legitimacy and protection by Law Number 11 of 2008 concerning Electronic Information and Transactions. This study aims to examine the validity of the same as written contracts on credit card ownership agreements and to reveal legal protection for credit card owners in conducting E-commerce transactions. This research was conducted using normative legal research. The sources of legal materials are primary legal materials, which are sourced from legislation and secondary sources of legal materials are taken from relevant literatures with the issues studied. After the research data has been collected, it is then processed and analyzed in a descriptive qualitative way. The results of the study indicate that the legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill agreed guarantees and or guarantees. An electronic contract is valid evidence if it is presented as evidence at the court table based on article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions.

Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerceputu

Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.

Applying Smart Contract in Indonesian E-Commerce

One of the potentials that can be done by smart contracts is the application of buying and selling business in e- commerce. In a study conducted by the British research institute Merchant Machine as reported in databoks.katadata.co.id states that, out of the 10 list of countries that have the fastest e-commerce growth, Indonesia leads the ranks of these countries with growth reaching 78% in the year 2018. As you know, blockchain not only develops cryptocurrency but also in financial services and smart contract payments. Legal arrangements that apply to smart contracts governed by contract and sale and purchase laws in Indonesia have not yet been found, and need to be explored in order to provide certainty regarding legal protection that can guarantee parties who use smart contracts to guarantee legal certainty and fairness in their application. The research that will be conducted in answering these questions uses a systematic review method, the researcher traces the legislation regarding consumer protection, as well as the principles of electronic contract law that can be applied. The results of the study concluded that with the regulations regarding electronic contracts, smart contracts are legal contracts that can be applied in Indonesia.

Legal Issues Vis a Vis Online Contracts in Global Scenario

E-contract is a new phenomenon which has grown due to E Commerce. E commerce has created new domains which has no limits in terms of commercial & business transactions. There are no territorial limits in the domain of e-contracts. Physical presence is not a major requirement in e-contracts. However, at the same time the need to govern E contracts has also raised. E contracts are vital part of the E Commerce which cannot be left in vacuum or unregulated. There are major challenges which are posed while transacting at the electronic medium. These issues and challenges need to be addressed properly in order to create a safe and secure electronic platform. The current research paper shall be discussing the basics of e contracts with the major issues and challenges faced while contracting electronically. The author shall be incorporating a few suggestions at the end to secure electronic contracts regime.

Implementation of electronic communications in accounting of public procurement

The object of research is the public procurement system in terms of accounting for the processes of buying (selling) goods (works, services) using electronic communications. A problematic aspect of modern electronic public procurement platforms is the lack of information support for accounting, control and taxation functions. In the context of the development of innovative computer and communication technologies, it becomes possible to integrate various electronic services and electronic communications into the public procurement system in order to automate accounting processes. In the process of studying the prospects for the implementation of a system of public communications with expanded functional capabilities, general scientific empirical, logical and historical methodological methods of cognition of reality were used. The theoretical and methodological aspects of improving the accounting of public procurement in the context of the formation of an innovative electronic platform for business communications were studied on the basis of institutional and innovative methods of scientific research. The paper proposes to place electronic contracts at the heart of the business communications system. A procedure has been developed for business interaction between participants in electronic trading through the mechanism for concluding and executing electronic contracts for the purchase (sale) of goods (works, services). Based on the creation of a system of electronic contracts, it is possible to form a database of credentials. The expediency of using accounting information for the automated implementation of public procurement accounting procedures has been substantiated. The methodology for accounting for the occurrence and repayment of accounts payable and receivable for purchased (sold) goods (works, services), charging and paying taxes and fees, electronic money transactions in various currencies, electronic money and cryptocurrency, the occurrence of credit obligations, calculating the amount of bad debts has been improved. The implementation of a public procurement system with expanded functionality will facilitate the establishment of effective business communications with contractors, the integration of disparate electronic services into a single system. As well as minimizing costs in the process of electronic trading, automating the processing of primary information, optimizing accounting and management processes at the enterprise.

Harmonization of Laws on Electronic Contracts Based on International Instruments for the ASEAN Economic Community

<p>Technological advancement has created new business practices such as utilizing electronic contracts. Utilization of electronic contracts, especially in international transactions, has pushed countries around the world to impose new regulations defining the legalities of electronic instruments. Challenges arise considering the global and borderless nature of electronic transactions faced with regulations of different countries that are not in sync with each other. This is especially apparent in Member States of the ASEAN Economic Community. This paper attempts to discover the ideal legal framework for electronic contracts in the ASEAN Economic Community. Based on the research and analysis, it has been found that there is a need for a harmonized legal framework regarding electronic commerce that can be adopted unaltered by Member States of the ASEAN Economic Community, which could be drafted by the ASEAN as an inter-governmental organization.</p>

Notes: The incorporation of standard terms into contracts: Is it sufficient that the terms are ‘available on request’?

South African case law has long held that standard terms may be incorporated into a contract by mere reference, and that it is unnecessary for the user of the terms to make the text of the terms available to the other party. The so-called railway ‘ticket cases’ from the early twentieth century started this approach. More recent case law involving contracts concluded by fax has confirmed the possibility of incorporation of standard terms by mere reference, without the text of the terms having been made available. This contribution argues that times have changed with increased access to the internet, and that the user of standard terms can reasonably be expected to make their text available to the other party, for example by making them available on a website. It draws on comparative study of the UN Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts. It also shows that legislation requires standard terms to be made available anyway in the consumer context, as well as in the case of electronic contracts. Writers of books on the law of contract should discuss the relevant rules.

The Legal Nature of the Electronic Contract (comparative study)

There is no doubt that the huge development in the revolution of communications and modern technologies in addition to modern technological development in general led to the emergence of electronic commerce through which the electronic contract. It is necessary to shed light on this modern type of transaction to clarify the nature of the laws and provisions that govern it, so as to provide legal protection for the clients in this field. For this reason, I have considered dealing with this area, which will require legal systems to be subject to the provisions and laws necessary to settle disputes that may arise, and to high light on the nature of the electronic contract by holding it and proving it only. The Internet has been one of the most important innovations of the human mind in the field of informatics since the end of the last century. It removed geographical boundaries between countries and helped to turn the world into a small village and developed e-commerce. The Internet is one of the most important means through which Conclusion of electronic contracts. The electronic contract is validated by verifying the validity of the pillars: the object, the cause, the agreement and the eligibility, which are organized in the same framework as the general rules regulating the traditional contract. With some specificity of these pillars, the scope of the general rules is not broadened; to accommodate the eligibility of the contractors, it is difficult to ascertain the identity of the contracting parties and their eligibility, electronic signature and certification to try and fill gaps in this range.