Juridical Study of E-Commerce Agreements In Terms of Civil Law Aspects

Abstract

The parties involved in e-commerce transactions conduct legal relations as outlined through a form of contract that is carried out electronically. The problem that often arises in e-commerce transactions is that the seller or buyer does not know the identity of each party. Therefore, it is possible that those who carry out e-commerce transactions are minors, who are considered unable to be responsible for their actions. In addition, regarding the goods traded, for example, the goods sent do not match the specifications. These problems are related to the subjective and objective requirements in Article 1320 of the Civil Code, so it is necessary to study the validity of agreements in e-commerce transactions in more depth. In addition, consumers need to obtain legal protection because, in e-commerce transactions, there are still rampant things that harm consumers. The purpose of this study is to determine the validity of e-commerce agreements in terms of civil law and determine legal protection for consumers in the event of default in e-commerce agreements. This research uses the normative juridical method. The result of this research is the validity of e-commerce agreements, as long as they fulfill the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code, are valid, and have the same legal force as conventional agreements. Furthermore, regarding legal protection in the event of default in an e-commerce agreement, consumers should sue the seller to provide compensation based on Article 1239 of the Civil Code.