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Tinjauan Hukum Terhadap Penerapan Asas Kebebasan Berkontrak Atas Perjanjian Baku dalam E-Commerce Dihubungkan dengan Buku III BW dan Undang-Undnag Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik
Riska Indah Prahasti (2010) | Skripsi | -
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Information technology developments more motivate various activities emergence which is conducted by society through that information technology in this thing as internet. One of cyber activities were intended among them as electronically trade transaction. Used agreement in electronically trade transaction is using standard agreement has born as a realization from presence the contracted freedom principle, by presence the contracted freedom is making possible global communication and it is having access to widely information. Standard agreement has considered practice by some parties, by just prepare the standardized conditions for an agreement format like as form and furthermore, it is given to others party for approved. Nevertheless, if it has flash seen, that standard agreement using obviously has been restricted contracted freedom, because business owner often use opportunity to advantage their party than consumer party. Hence, it is necessary to know how far that contracted freedom principle implementation toward standard agreement in e-commerce transaction and it is also necessary to know the responsibility from e-commerce transaction parties over that standard agreement based on Burgerlijk Wetboek.
Used research method is analysis descriptive nature, which is giving a systematical and comprehensive describes about contracted freedom principle implementation over agreement standard in e-commerce with uses normative juridical approach with focused on field and literature researches where it is analysis result with qualitative juridical analysis method.
The analysis has shown that standard agreement is contracted freedom principle reflection, but it is not fulfill its valid condition of fully agreement. On society necessary growth in national agreement law already become habit on society surrounding and trading traffic by consider an efficiency factor both cost, power and time sides. So that standard agreement using must be really appropriate to law provision which is considered actually about its consumer protection.