PEMENUHAN PRINSIP ITIKAD BAIK DALAM PENEGAKAN HUKUM PADA PERDAGANGAN BERBASIS TEKNOLOGI INFORMASI

Abstract

Along with the dynamics of globalization, it is inevitable that the progress of information
technology-based to support the increasingly rapid and competitive demands. Indonesia as
one of the developing countries is a perpetrator of information technology-based trade that is
taken into account in the international world. However, it is constrained by the enforcement
of on-line trading law that has not provided optimal protection. One of the causes is not well
understood the meaning of good faith which becomes one of the principle of agreement and
principle in Law no. 11 Year 2008 About Information and Electronic Transactions. The good
faith set forth in article 1338 of the Civil Code of the 3 rd paragraph states that: "... an
agreement is only done in good faith". The research method used is the juridical normative
empirical analyze the workings of the law in the current phenomenon. The results obtained
that the enforcement of information technology-based trading law can not be released in
good faith from the parties. Although good faith is abstract but concrete violations of the
agreement need to be given strict sanctions so as not to cause significant losses for the
parties with good intentions.