TRANSAKSI ELEKTRONIK (ELECTRONIC COMMERCE) DALAM ASPEK HUKUM PERJANJIAN PERDAGANGAN

Wa Ode Zamrud
(Dosen Fakultas Hukum Universitas Dayanu Ikhsanuddin Bau-Bau)

ABSTRACT

Efficiency and effectively is the main fundamental used by those global trade, so man's effort as business person is to predominate the limit of spaceand time, which followed by the growth of technology. Communication technology and infrastructure is selected, because of its function and capability to appreciate with a cyber space, which used by economic global person to make their dreams come true. Internet is a spaceway in cyberspace, which space, time, and
speed become an ultimate factor for trade efficiency and effectiveness, both "businessto business (B-B)" or ‘business to consumer (B-C)" trade.Those trade activities emerges some legal problems. Indonesian positive legal, both textual and constitutional, not respond those problems yet, especially some forms and models of trade in global economic age. Form of this research is normative research that study any forms of legal textbook that is jurisprudence, regulation, research, article, mailing list, and form of contract of trade through electronic commerce but there is no positive legal, regulation, or ratification has ordered In observed trade as a deal among parties based by agreement that listedat KUH Perdata may positivism paradigm changed to analogy and interpretation paradigm as analysis instrument towards
principles, norms, rules, and legal constitutions. The next step is to drafted the concept textually, and finally realized in national act which applicable to all of e-commerce activities. Finally, electronic commerce has become preference for actual trademodel; it is not just a dream or fiction. It is reality. 

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