Application of Lex Loci Contractus: Dispute Resolution on International Business Contracts regarding the Implementation of Online Electronic Contracts in the Modern Era.

Abstract

The importance of legal issues in the electronic field aims to provide protection and dispute resolution for parties who use electronic media as a transaction medium. The development of technology and the times also has an impact on the contracts made by the parties. Starting with contracts made using a manual system, now switching to an electronic system, which is usually done face-to-face or face-to-face, now switching through online meetings, which are better known as electronic contracts. For further in this writing will be referred to as E-Contract. Because it provides convenience in carrying out various activities. One form of technological progress used in the field of international cooperation is the emergence of international E-Contracts. In general, e- contracts mean contracts made in cyberspace. Meanwhile, the international word in front of it indicates the cross-border nature of the contract. From this convenience, it will certainly cause many problems to seek legal options in resolving disputes that occur. The purpose of this writing is to find out and emphasize more on how the implementation of choice of law is implemented, namely using Toori Lex Loci Contractus for the settlement of legal disputes against business actors between countries in transactions through electronic media and which country's choice of law applies. This writing method uses yuridis kualitatif legal research that is descriptive analysis with data collection based on literature studies. The result of this writing is that the law that can be used is the law that has been chosen or agreed upon by the parties in accordance with what is regulated in the electronic contract.