Juridical Review the Principle of Online Buying and Selling Trust Perspective of Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE)

Abstract

Advances in technology have resulted in mushrooming online buying and selling transactions (e-commerce) through social media. The ITE Law is the first legal umbrella that regulates online buying and selling transaction activities in Indonesia. This study aims to understand and analyze: (i)        The validity of online buying and selling agreements through electronic media and the perspective of the ITE Law; and (ii) Describe the legal consequences that arise in e-commerce in the event of a default. The problem approach used in writing this research consists of 3 (three) approaches, namely the statutory approach (statute approach), conceptual approach (conceptual approach) and case approach (case approach). The data source used is secondary data with data collection methods using library research. The data were analyzed using qualitative analysis techniques. The results of the study show that regulation in e-commerce transactions is an electronic contract based on the ITE Law which is valid legal evidence according to procedural law in force in Indonesia. Sellers and buyers automatically bind themselves to each other in a legal action after trust has been formed between the parties. The trust factor is very important for both parties in conducting online buying and selling transactions through electronic media because it really supports and helps both parties achieve achievements. Default is a contract failure carried out by one of the parties who cannot fulfill the performance according to the agreement and agreement.