More Can Be Done to Perfect the System?
C. Discussion
4. Dispute Resolution International Trade Law is private
2. Various legal systems recognize certain jurisdictions but not recognized in other legal systems. Adoption for example in western unknown civil law term adoption is the adoption Tiongha know, the reason is because the people that worship the god Tiongha to be received is prayer a boy so that people do not have a boy it will adopt boys man that his prayer is accepted. It could be we know not unfamiliar adoption agencies in western civil law (BW).
3. Various legal systems in resolving cases-lawsuits that are factually &
basically the same but with groups using different laws. To be able to explain the following example: a widow who demands results plot her husband's legacy, from the French legal system it is categorized into legacy issue but according to British legal system it is included into the rights issue demands its part of the estate of widow marriage.
4. Various legal systems require a different set of facts to establish the existence of an event which is basically the same law. Example: transfer of property rights issues under the French law of property rights has been considered switch after the agreement while according to a new Dutch law property rights switched after the object is received by the buyer.
5. Various legal systems take different procedures to determine the outcome or the legal status substantially similar. This can be explained as follows namely a new binding agreement when the agreement was made by agreement of both parties, while according to Dutch law / Indonesia's agreement is also valid if the agreement is a unilateral agreement, but not opposed by the other parties.
To overcome the legal settlement of protracted so it's good that the parties involved in trade / international business to make a deal in advance about what law will apply or determine arbitration of institution which will be chosen to resolve disputes between them.
Based on the above description, it can be drawn a conclusion that in the trade / international business there are two laws that play a role that is:
1. International law, including international trade law therein. Within this legal businesses / international trade are individuals, legal entities and the state. Countries in this case acting on their behalf or for the benefit of individuals and legal entities in its territory. It is thus evident for example in the WTO trade negotiations and dispute settlement in the WTO framework. Conflict settlement patterns has been measured clearly.
2. Private international law. Business dispute resolution within the scope of international law is very complicated and time consuming that can not be asertained because of the many private international law in the world that
a lot of countries. Trust between actors a business to be the main support ongoing international trade
Based on the above phenomenon, this can be illustrated the face of trade law that has two sides:
REFERENCES
Hata, 2006, Perdagangan Internasional Dalam Sistim GATT dan WTO, Refika Aditama, Bandung.
Huala Adolf, 2004, Hukum Perdagangan internasional, Rajagrafindo Persada, Jakarta.
Ibrahim ESDE, Hukum Perdata Internasional, diunduh 14 Januari 2014.
Michelle Sanson, 2002, Essential International Trade Law, Sydney, Cavendish.
M. Rafikul Islam, 1999, International Trade Law, Sidney LBC.
Joko Priyono, 2011, Resensi Buku Hukum Perdagangan Barang Dalam GATT/WTO, Undip, semarang.
---, 2012, Hambatan Teknis Di Bidang Perdagangan Dalam Kaitannya Dengan Kasus Tembakau Indonesia –AS, UNDIP Semarang.
Sigit Nugroho, 2012, Penyelesaian Sengketa Perdagangan Internasional di Forum WTO, Undip, Semarang.
LEGAL PROTECTION OF PERFORMERS BETWEEN E-COMMERCE
By: Lathifah Hanim
Lecturer at the Faculty of Law UNISSULA
ABSTRACT
The development of information technology has created the types and opportunities for new business in which business transactions are increasingly conducted electronically. E-commerce is the trade procedure or mechanism of buying and selling on the internet where buyers and sellers meet in cyberspace.
The problems are what are the advantages and disadvantages of doing transaction through the Internet (E-Commerce) and how does the legal protection of e- commerce among the actors?
The advantages of e-commerce presence among Stream revenue (revenue streams) may be a new promising that can not be found in traditional transaction systems, can increase market exposure (market share), lower operating costs (operating costs), extending coverage (global reach), increase customer loyalty, improve supplier management, shorten production time and improve the value chain (the chain of revenue). While e-commerce is a loss in terms of direct financial loss due to fraud. A fraudster transfer money from one account to another, or he has to replace all the existing financial data, theft of valuable confidential information. Disorders that arise can reveal all the secret information.
Protection buyer is to look for a brand that can be trusted in a variety of sites, looking for the address and telephone number of your company is not yet recognizes its website, along with a number faksimilenya Check the Better Business Bureau. Look for authentication seals like TRUSTe. Investigate how safe site to learn safety procedures sellers Learn to money back guarantee, warranty, and repair agreements. Compare the price with the usual stores, seek testimony and attestation in the community and bulletin board site famous.
Consult with consumer protection agencies Check consumerworld.org for a list of sources that can be useful. While the protection seller, online sellers are also in need of protection. They must be protected from customers who refuse to pay and who pays with a blank check and the buyer claims that the merchandise is not up. They also have the right to be protected from the use of their names by the other party as well as protected from the use of words and phrases, slogans, and the web address of their property (trademark protection).
A. Background
The development of information technology has created the types and opportunities for new business in which business transactions are increasingly conducted electronically. In connection with the development of information technology that allows everyone to perform legal actions such as buying and selling easily. The development of the Internet which is fast and significant influences every aspect of our lives. Internet helps us to be able to interact, communicate, and even trade with people from all over the world cheaply, fastly and easyly. Recent years with the proliferation of internet, media leads so many companies to start offering a wide range of products using this medium. One of the benefits of the existence of the Internet as a medium is the promotion of the product. This promotion can bring great advantages for employers because the product is known throughout the world.
The development of e-commerce has been widespread since the 1990s. At that time, almost all medium and large scale companies have websites to sell their products/services. AOL, eBay, VeriSign, and Checkpoint are the examples of successful development of e-commerce online application. GE, IBM, Intel, and Schwab are partial examples of the development of e-commerce applications which are also successful. However, this success was followed by the failure of many e- commerce applications in 1999 when it also began to grow rapidly Amazon.com.
The software applications in the world of e- commerce business can support the distribution of chain scission so that consumers can obtain a product with a cheaper price. Web interface type is selected with consideration of the flexibility of this software, the implementation can be done in an intranet or internet network, ease of deployment as well as cross- platform capabilities. Development of e-commerce for a company or organization is a fairly complex process. It involve multiple organizations or sites in the handling of security and authorization. The popularity of e-business in the late 20th century and at the beginning of the new millennium is actually supported by three main triggering factors, namely: (1) market and economic factors, such as competition intensified, the global economy, regional trade agreements, and increasing consumer power large, (2) social and environmental factors, such as changes in the characteristics of the labor force, government deregulation, awareness of ethical and practical demands, awareness of ethical and practical demands, awareness of corporate social responsibility, and political change, and (3) technological factors, includes short product life cycles and age of technology, innovations emerging almost every time, information overload, and reduced the ratio of cost to performance technology.
Internet usage is not limited to the use of information that can be accessed through this medium, but also can be used as a means to carry out the trade transactions.
Nowadays, in Indonesia it has been started to be introduced through several seminars and has begun to be used by some companies. E-Commerce is a form of trade electronically via the Internet. E-Commerce is primarily a trade contacts
between sellers and buyers using the Internet media. So the process of ordering goods is communicated over the internet. The existence of E-Commerce is a business that is a promising alternative to be applied at this point, because the E- Commerce provides much convenience for both parties, both the seller (merchant) and the purchaser (buyer) in the trade transactions, although the parties are in two different continents. E-Commerce transaction does not require any assembly in the negotiations stage.