Abstract: Contract or commercial agreement is legal obligation made by business institution as guidance. This agreement will face problem will arise at E-commerce and E-business because those type of business do not explain the location of the transaction. The next problem is the exact time of e-commerce transaction is also not specified. The civil code (KUH Perdata) does not explicitly state about the time of the contract but Section 1320 Civil Code, state that contract occur when there are consensus from both parties. Common law state that declaration of intention between both parties (overeenstemende wilsverklaring) is consider as a contract between parties, starting with an offer (offerte) and close with an acceptance (acceptatie). It is also possible that the timing of the contract would be referred to theory of general agreement in contract law, such as will theory (willstheorie), delivery theory (verzendtheorie), knowledge theory (vernemingstheorie), and trust theory (vertrouwenstheorie). In that case, the agreement (contract) and other matters which are part of civil code, also applied to e-commerce. Meaning that in answering the problem statement it is found concordance with theory of civil law and basics of civil law applied to answer the problem in this research. On e-commerce that does not explain the location of the trasaction, to anticipate conflict between parties then the choice of or applicable law and jurisdiction (choice of forum) is very important because it relates to the law system and court chosen to settle the dispute. The court that has the right to settle e-commerce can be litigation court, arbitrage institution or alternative dispute resolution (ADR) which can take form as a consultation, negotiation, reconciliation or expert judgment. Only civil dispute can be solve and settle by litigation institution, arbitration or ADR.

Keywords: Contact, Commercial agreement, Arbitrase

Arkisman adalah Dosen DPK pada Universitas Gresik

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