Dispute Settlement on E- Commerce Contract: A Practical Analysis of Law

E-commerce is a form of trade which has its own characteristics that are cross-border trade, not to meet the seller and buyer, use media internet. The birth of Law No. 11 of 2008 is about Information and Electronic Transactions (ITE Law) seems to be the solution to provide protection for consumers. In the ITE Law has set the terms validity of ecommerce transactions, establishing the rights and obligations, prohibited acts, responsibility, legal protection, remedies, and dispute resolution in e-commerce transactions. This study analyzes the dispute settlement for e-commerce dispute in Indonesia.


INTRODUCTION
The development of the internet world in Indonesia is quite proud, especially with the support of the government is very cooperative. The government also made a concrete step in developing the internet in Indonesia. Along with the development of science and technology increasingly rapidly, then the trade that was initially conducted in meet face-to-face and face-to-face between the parties also changed. The use of internet as a medium of trade continues to increase from year to year, this is due to various benefits obtained by companies and consumers by making transactions via the internet (Purbo & Wahyudi, 2001 In Indonesia has started its use by some companies that is ecommerce or better known as E-Commerce. Ecommerce is basically a contact of trade transactions between sellers and buyers using the internet media. Ecommerce not only provides convenience for consumers, but this development allows manufacturers to market products that affect the cost and time savings.
Implementation of buying and selling online in practice raises several problems such as Sellers are not responsible for delivering goods that have been ordered customers. As a consumer, we must be observant in buying a good.
Usually in an e-commerce transaction there is an agreement between the business actor and the consumer. Buying and selling is one type of agreement set forth in the Civil Code, while ecommerce is basically a model of modern buying and selling transactions that implies technological innovations such as internet as a transaction medium. The will of the parties embodied in the agreement is the basis of the binding of a covenant, the will may be expressed in various ways both oral and written and binding on the parties with all its legal consequences (Hasibuan, 2007).
For those who do not take responsibility in accordance with the agreed agreement may be sued by the party who feels aggrieved to receive compensation. The importance of legal issues in the field of E-commerce is mainly in providing protection to the parties who make internet transactions. Therefore in 2008 Indonesia issued a special regulation governing internet transactions that is not be said to be valid in one of the valid terms of the agreement is the ability of the parties in making sale and purchase transactions. Because in buying and selling online a person does not know whether the person is proficient law as regulated in Article 1320 Civil Code (Fuady, 2002).

METHOD
The type of research used is descriptive research where descriptive research in accordance with the purpose of research. Besides using descriptive research also using qualitative methods (Purwaningsih, 2010). The focus of the research was conducted in order to obtain a general overview of the subject and situation under study as well aims to filter incoming information. In accordance with the rerumusan problems and goals that to be achieved, then the focus in this study are as follows:

RESULT AND DISCUSSION A. The Legal Sale and Purchase Through Internet
Buying and selling according to Civil Code article 1457 is an agreement with which one party advertise himself to submit an object and the other party to pay the price that has been promised. Whereas in article 1313 of the Civil Code an agreement is an act in which one or more persons commit themselves to one or more persons. If the buyer did the word/agreement agreed with the seller then there was the sale and purchase (Subekti, 2001). The terms of approval.
The occurrence of the sale and purchase agreement is also stated in article 1458 of the Civil Code which reads "the sale and sale is considered to have occurred as soon as the people have reached agreement on the goods and the price, even though the goods have not yet been delivered and the price has not been paid." buying and selling through the internet, the parties involved in doing the legal relationship which is directed through a form of agreement or contract made electronically and in accordance with Article 1 paragraph 17 of the Information and Electronic Transaction Law (ITE) referred to as an electronic contract that is the agreement contained in the document electronic or other electronic media (Barkatullah & Prasetyo, 2005). Business actors who offer goods or services electronically shall provide information on the terms of the contract, the manufacturer and the product completely and correctly. Based on the above understanding, can be drawn some elements of Ecommerce, namely: 1) There are trade contracts 2) The contract is executed by electronic media 3) The physical presence of the parties is not required 4) The contract occurs in the public network 5) The system is open, such as with internet or www 6) The contract is out of bounds, national jurisdiction E-commerce Agreement known to two actors are merchants/business actors who make sales and buyer/ customer/consumer who acts as a buyer. In addition to business actors and consumers, in buying and selling transactions through internet media also involves providers as providers of internet services and banks as a means of payment. E-commerce transactions include many things, so to distinguish them need to be divided into types of Ecommerce. the types of transactions of an E-commerce activity as emphasized by Mertokusumo (2006), are as follows:

1) Business to Business
Transactions that occur between companies in this case, both buyers and sellers are a company and not an individual. Usually, these transactions are done because they already know each other, and the purchase transaction is done to establish cooperation between the company.
2) Business to Consumer transactions between companies and consumers/ individuals. In this type of transactions are disseminated in general, and consumers who take the initiative to make transactions. Manufacturers must be prepared to receive a response from the consumer. Usually, the system used is a web system because this system is already commonly used among the community.

3) Consumer to Consumer
Sale and purchase transactions that occur between individuals and individuals who will sell each other goods.

4) Consumer to Business
Transactions that allow individuals to sell goods to the company. directly or paid in stages from the agreed price. An Internet purchase agreement must also comply with the legitimate requirements of an agreement as contained in Article 1320 BW which can be proved and also not allowed (Maulana, Susilo, & Riyadi, 2015).
Legal Requirement of Sale and Purchase Agreement through E-commerce Basically the legal requirement of sale and purchase agreement that has been contained in Article 1320 Civil Code, this can also be a reference to the legal terms of a sale and purchase agreement through e-commerce.
Because e-commerce is also a buying and selling activity that the difference is made through online media. It's just in buying and selling through ecommerce done through the internet media that can accelerate, simplify and sale and purchase transactions. In the ITE Act also adds some other requirements, for example: In the e-commerce agreement, there is a bidding process and approval process of the type of goods purchased then the transaction between the seller and the buyer is completed. The seller receives the approval of the selected item, and the buyer receives confirmation that the order or choice of the item is known to the seller (Resiska, 2012). After the seller receives confirmation that the buyer has paid the price of the ordered goods, then the seller will proceed or send a confirmation to the shipping company to deliver the goods ordered to the buyer's address. After all the process is passed, where there are bidding, payment, and submission process. then the agreement is said to be completed entirely or the agreement expires (Hartanti, 2012 The company or online trading account in the online world that sells online stores is very easy to set up compared to establishing a company in the real world. [14] As the fact that the establishment of a company in the real world requires permission from officials / agencies concerned. But in establishing or building an online store in cyberspace just rent a place in cyberspace and create a web design online store on Internet Service Provider (ISP) then this online store can already operate like a store in the real world. Ease in making this online store that become problem for consumers who will buy products on the online store.
The rise of cases of fraud against consumers such as fictitious online store, credit card number theft, and so forth. This problem can be overcome by creating an institution that serves to guarantee the legitimacy of the online store and give permission to operate in operation (Putra, 2014). about what laws can overcome problems that will arise in the future and existing ones. This is because the law that regulates about e-commerce business through the internet there is no conception and legislation is strong. The regulation that governs the evidentiary system to date has not been firmly established (Wahana & Purliansyah, 2012).

b. Non litigation
In article 39 paragraph (2) of the ITE Act which explains that in addition to civil settlement settlements, the parties may settle disputes through arbitration, or other institutions (Hidayat, 2008

DECLARATION OF CONFLICTING INTERESTS
The Author declares that there is no potential conflict of interest in the research, authorship, and/or publication of this article.