STUDY OF LAW NO. 11 OF 2008 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS IN PROTECTING THE TRADE MARKET THROUGH ELECTRONICS BASED ON THE DEVELOPMENT OF CYBER CRIME IN INDONESIA VIEWED FROM THE PERSPECTIVE OF FREEDOM OF CONTRACT

Abstract

E-commerce is a form of trade that is relatively new also can not be separated from problems in its implementation. The problems that arise in the implementation of e-commerce include the validity of contracts in e-commerce (online-contract / econtract) and the strength of the proof of the contract if there is a dispute especially based on the principle of contractual contract. 

In the field of civilization, a wider problem occurs because electronic transactions for trading activities through electronic systems have become part of national and international commerce. This fact shows that the convergence in information, media and informatics (telematics) technology continues to be unstoppable, along with the discovery of new developments in the fields of information technology, media and communications. 

Law No. 8 of 1999 concerning Consumer Protection does not specifically regulate consumer rights in e-commerce. In other words, it is difficult for consumers to sue e-commerce businesses with Law Number 8 of 1999 concerning Consumer Protection because e-commerce businesses are very difficult to reach. While the regulations used to regulate e-commerce transactions are Law Number 11 of 2008 concerning Information and Electronic Transactions, but in this law, there are no provisions specifically regulating the protection of consumers against acts of default of business actors in e -commerce. Law Number 11 of 2008 concerning Information and Electronic Transactions is adapted to the development of e-commerce, including the number of cases of consumer losses that arise in the community, due to defaults from e-commerce business actors, so that a provision can be made in this law concerning the protection of consumers against the actions of defaulters of businesses in e-commerce transactions. Restrictions on the principle of freedom of contract can also be concluded through article 1338 paragraph (3) which states that an agreement is only carried out in good faith. Therefore the parties cannot determine at will the clauses contained in the agreement but must be based and implemented in good faith. Agreements based on bad faith such as fraud having legal consequences of the agreement can be canceled.