Keabsahan Perjanjian Elektronik di Era Digital Menurut Ketentuan Kitab Undang-Undang Hukum Perdata

Vollständiger Abstract

Worum geht es in dieser Arbeit?

Conventional written contracts have been replaced by electronic contracts as a result of the growth of digital technology, which has caused a paradigm shift in the process of establishing and executing deals. The purpose of this study is to investigate the degree to which the provisions of the Civil Code can accommodate the evolution of contracts in the digital age, as well as to assess the effectiveness of the concept of pacta sunt servanda in relation to electronic contracts. A legislative strategy, a conceptual approach, and a normative legal technique are all used in this research project. The Civil Code, Law Number 11 of 2008 concerning Information and Electronic Transactions as revised by Law Number 19 of 2016, and other rules that are relevant to the information and transactions are the key legal sources that are used. Even if there are obstacles in terms of evidence, digital signature validity, and jurisdiction, the findings demonstrate that the concept of pacta sunt servanda continues to be applicable and a key basis in electronic contracts. With the assistance of specialized rules that control the technological and procedural features of electronic transactions, the Civil Code will still be able to be used in electronic contracts as a general contract law. In order to provide legal certainty in the execution of electronic contracts, this study comes to the conclusion that there is a need for harmonisation between the requirements of the Civil Code and current laws and regulations. However, this should not be done at the expense of the fundamental concept of binding power of agreement.