Comparison of “The Parties" Aspect in Determining The Legitimacy of Sale and Purchase Transactions on Online Business Seen from Islamic Law and Civil Law of Indonesia

DOI

10.2991/amca-18.2018.75How to use a DOI?

Keywords

Legality, Akad (Islamic Agreement), Agreement, Sale and Purchase

Abstract

The development of technology brings lots of new things which influence the development of civilization, including the internet that leads a very significant impact for the community. In the field of trade, it provides convenience to make transactions without any need of personal encounter between the seller and the buyer. The sale and purchase taking place have to be lawful and binding on the parties, the rights of the parties to be protected by law. In a case of a dispute, the resolution can be made in legal channels in accordance with the prevailing regulations. For this purpose, the sale and purchase transactions conducted on online business must be legitimate in the eyes of the law, both Islamic Law and Civil Law of Indonesia. One of the important determinants of the transaction validity is the subject or the parties in the sale and purchase. Although both laws put the aspects of the subject or the parties as one of the determinants of its validity, there are differences between Islamic Law and Civil Law which have an impact on the legal consequences of the contract or agreement in the sale and purchase transactions.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Astika Nurul Hidayah
PY  - 2018/07
DA  - 2018/07
TI  - Comparison of “The Parties" Aspect in Determining The Legitimacy of Sale and Purchase Transactions on Online Business Seen from Islamic Law and Civil Law of Indonesia
BT  - Proceedings of the 5th International Conference on Community Development (AMCA 2018)
PB  - Atlantis Press
SP  - 275
EP  - 277
SN  - 2352-5398
UR  - https://doi.org/10.2991/amca-18.2018.75
DO  - 10.2991/amca-18.2018.75
ID  - Hidayah2018/07
ER  -