Indonesian Legal Challenges Regarding Electronic Contracts in International Trade

DOI

10.2991/aebmr.k.200321.004How to use a DOI?

Keywords

e-commerce, electronic contracts, international trade law

Abstract

The development of technology, information, and communication at this time, especially in the field of trade requires that each country has its own legal rules to regulate cross-border trade using electronics. Every business is closely related to the agreement. In the digital era, an agreement to produce a contract between the parties does not meet but can be through an e-contract (electronic contract) to facilitate the parties in agreeing. Every activity in the digital age not only benefits from international trade transactions, but there are losses in practice as well. This is because one party can give an injury to another party from a contract that has made in the electronic contract agreement. For each country, especially, in this case, Indonesia must have its law in regulating electronic contracts in e-commerce in the world of commerce. In Indonesia, e-commerce is regulated in the Electronic Information and Transaction Law (UU ITE), but specifically electronic contracts are not governed therein. So it gives a different interpretation in the e-contract association if there is a problem in it. This research aims to provide input to the executive agency represented by the Ministry of Trade and the legislative body represented by the Parliament to be able to make specific laws concerning electronic contracts in the field of trade. The instrument used in this research is interviews with relevant agencies such as the Ministry of Trade and the Ministry of Communication and Information. A case can be taken at the Jakarta District Court relating to the loss of one party due to an electronic contract that has entered into the realm of law.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Nizia Kusuma Wardani
AU  - Arie Afriansyah
PY  - 2020
DA  - 2020/03/27
TI  - Indonesian Legal Challenges Regarding Electronic Contracts in International Trade
BT  - Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)
PB  - Atlantis Press
SP  - 23
EP  - 30
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200321.004
DO  - 10.2991/aebmr.k.200321.004
ID  - Wardani2020
ER  -