The Role of the Good Faith Principle in Pre-Contractual Phase of E-Commerce

Abstract

This research is aimed to know the role of the Good Faith Principle in the pre-contractual phase of e-commerce. The method used in this research is normative research that refers to the second literature review consisting of primary and secondary legal resources. This research uses prescriptive research characteristics that means giving research findings argumentation that has been done. The principle of good faith is regulated in Articlr 1338 paragraph (3) of the Indonesian Civil Code, which is: "An agreement must be carried out in good faith." The role of the Good Faith principle in the pre-contractual phase of E-Commerce is essential; the principle of good faith must exist since the first time agreement will be dealt with. It is essential because, if at the first agreement, one of the parties does not have good faith, so it will be a disadvantage for other parties in the agreement.