Firqotun Naziah

Sale & Purchase Agreement through Internet: The Legal Certainty for the E-Commerce Practices in Indonesia

Introduction

Sale & purchase agreement through internet: the legal certainty for the e-commerce practices in indonesia. Explore legal certainty for e-commerce sale & purchase agreements in Indonesia, analyzing the role of Law No. 11 of 2008 (UU ITE) in protecting consumers and regulating online transactions.

Abstract

E-commerce is a form of trade which has its own characteristics that are cross-border trade, not to meet the seller and buyer, use media internet. The birth of Law No. 11 of 2008 is about Information and Electronic Transactions (UU ITE) seems to be the solution to provide protection for consumers.  In the ITE Law has    set    the    terms validity of e-commerce transactions, establishing the rights and obligations, prohibited acts, responsibility, legal protection, remedies, and dispute resolution in e-commerce transactions. The purpose of this study is to analyze the legal certainty aspect on the buying and selling agreement on electronic commerce cases in Indonesia.

Review

The submitted paper addresses a highly pertinent and contemporary issue concerning the legal infrastructure of e-commerce, specifically focusing on sale and purchase agreements conducted via the internet. In an era where digital transactions are increasingly prevalent and often cross-border, the question of legal certainty is paramount for both businesses and consumers. This study zeroes in on the Indonesian context, examining the role of Law No. 11 of 2008 on Information and Electronic Transactions (UU ITE) as a foundational framework. The stated objective is to analyze the legal certainty aspect of buying and selling agreements within electronic commerce practices in Indonesia, thereby contributing to a better understanding of the regulatory landscape governing online trade in the region. The abstract effectively highlights the key characteristics of e-commerce that necessitate specific legal provisions, such as the absence of physical meetings and the cross-border nature of transactions. The identification of UU ITE as a primary legislative response, detailing its scope to include validity terms, rights, obligations, prohibited acts, responsibility, legal protection, remedies, and dispute resolution, demonstrates a clear foundation for the intended analysis. By focusing on "legal certainty," the research promises to tackle a crucial element for fostering trust and ensuring predictability in online contractual relationships. This emphasis on a specific jurisdiction and its governing law suggests a focused and potentially practical contribution to the field of e-commerce law. While the abstract clearly outlines the study's purpose and the legal framework under consideration, it could benefit from further specificity regarding the *methodology* employed to analyze "legal certainty." Clarifying whether the analysis will be purely doctrinal, involve case studies, or draw on empirical data would provide a clearer expectation of the paper's depth and approach. Additionally, while the abstract mentions consumer protection as a driver for UU ITE, a more explicit linkage between consumer protection outcomes and the broader concept of "legal certainty" in the research objective would strengthen its coherence. Future iterations of this work, or indeed the full paper, might also consider exploring the practical challenges or enforcement gaps in achieving this legal certainty under UU ITE, which would offer a more comprehensive and critical perspective on the current state of e-commerce law in Indonesia.

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