JURIDICAL ANALYSIS OF VALIDITY ONLINE-BASED AGREEMENT (ELECTRONIC CONTRACT) IN INDONESIA

Nur Oloan, Resti Deawinda Parinduri, Abdul Aziz Abidan

Abstract


This research aims to analyze the juridical aspects related to the validity of online-based agreements (electronic contracts) in Indonesia, considering the rapid development of digital technology that has changed the paradigm of transactions and public legal relations. Electronic contracts are now one of the main instruments in commercial, administrative, and public service activities. To be valid, electronic contracts must meet legal requirements as stipulated in the Civil Code, the ITE Law, and its derivative regulations, namely Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions. This research uses a normative juridical approach by examining laws and regulations, legal doctrines, and case studies of court decisions. The results show that although Indonesia's legal framework has accommodated electronic contracts, there are still challenges in the aspects of proof, consent of the parties, transaction security, and digital consumer protection. This research provides recommendations for strengthening identity verification mechanisms, increasing digital literacy of public law, and harmonizing regulations in order to realize legal certainty in the implementation of electronic contracts.


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DOI: https://doi.org/10.3059/insis.v0i0.28944

DOI (PDF): https://doi.org/10.3059/insis.v0i0.28944.g15003

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