BANGKIT WIDIYATNO, 0904101869 MH (2011) DOKTRIN PENENTUAN SAAT LAHIRNYA HUBUNGAN HUKUM DALAM TRANSAKSI ELEKTRONIK MELALUI MEDIA INTERNET. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The Internet development in the world gives a lot of influence towards individual behavior. As the part of society which entered into relationships with the law among each other, we will not be escaped from the influence of this development. The parties who involve in legal action in the trading, take the most efficient and practical manner in using the internet. The legal action relationship among the parties decanted in the electronic agreement through internet technically passes through a complicated process and may cause legal problems such as the emersion of law correlation among the parties, the validity as well as the strength of the evidence of the electronic contract. This research is using the normative research type is law research by doing the study upon the law materials, such as the law and the regulations, and as well the law books. While the statue and conceptual approaches are used for the problems approach. The law resources are gathered based on library research. The result of this research concludes that during the doctrine emersion of legal aspects in electronic transaction which is showcased at the contract there will be two categories. First, if the contract has been made by email, therefore the doctrine determination of law emersion will follow the delivery law and regulation (verzening theory). Second, the electronic contract which is made through click wrap, so the legal aspect will base on the acceptance law and regulation (acceptance theory) is precise. While the validity of electronic contract is subject to the regulation which is arrange in Burgeeljik Wetbroke (BW) specially in the Verse 1320 BW about the law and regulation of the validity of the contract. Electronic contract is digitally signed and made according to the procedure based on the UU ITE, is legal evidence in the court. The contract is valid as valid as the contract which is in manuscript signature. However, the electronic contract is not an authentic deed, but as the “under the hand deed.” The parties who enter into electronic contract should mention a clause about such condition that agreed by both parties in determining when the emersion of the legal relationship, agreed the delivery and the time of receipt as well as the usage of such electronic system. During the compilation of regulation, the government should have the deep understanding about the information technology characteristic; therefore there will be no loopholes which in condition by one of the parties in relation with the validity of the electronic documents as valid evidence as proof of electronic transaction at the court.

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