Validity of Contracts in the Digital Era in Indonesia

The era of digitalization has brought influence and changes to the contract law order in Indonesia. Contract law is no longer implemented conventionally by meeting the parties face to face in planning or making contracts, but with digital contracts, everything can be realized and legal. Regulations regarding digital contracts have been regulated in Law Number 1 of 2024 concerning Law Number 19 of 2016 and Amendments to I1 of 2008 concerning Information and Electronic Transactions. However, basically digital contracts still cannot leave the conventional Civil Code. The writing method in this article uses a normative juridical method, with a statutory regulatory approach, conceptual approach, philosophical approach, and case approach. This approach method will provide a comprehensive picture from various perspectives and is supported by the Constitutional Court decision Number 20/PUU-XIV/2016. Based on the results of the study, digital and conventional contract law continue to work side by side, and the two contract models can complement each other and can be realized in the implementation of agreements. The validity of the contract basically has similarities with the variations developed in the Information and Electronic Transactions Law, namely the confirmation in Article 47 paragraph (3) with the addition of aspects of price and costs, contract cancellation, hidden defects and legal options in resolving transaction disputes. electronic. However, there are differences in the meaning of hidden defects in the Information and Transaction Law, and it has also regulated several variants regarding electronic contracts and conventional contracts in Article 46 paragraph (1).

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Publication Details

Journal
International Journal of Religion
Published
2024-08-12
DOI
https://doi.org/10.61707/7q34h809
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Validity of Contracts in the Digital Era in Indonesia

Sigit Irianto
International Journal of Religion
Indonesian Legal and Regulatory Studies
article

Validity of Contracts in the Digital Era in Indonesia

Sigit Irianto
article en

Abstract

The era of digitalization has brought influence and changes to the contract law order in Indonesia. Contract law is no longer implemented conventionally by meeting the parties face to face in planning or making contracts, but with digital contracts, everything can be realized and legal. Regulations regarding digital contracts have been regulated in Law Number 1 of 2024 concerning Law Number 19 of 2016 and Amendments to I1 of 2008 concerning Information and Electronic Transactions. However, basically digital contracts still cannot leave the conventional Civil Code. The writing method in this article uses a normative juridical method, with a statutory regulatory approach, conceptual approach, philosophical approach, and case approach. This approach method will provide a comprehensive picture from various perspectives and is supported by the Constitutional Court decision Number 20/PUU-XIV/2016. Based on the results of the study, digital and conventional contract law continue to work side by side, and the two contract models can complement each other and can be realized in the implementation of agreements. The validity of the contract basically has similarities with the variations developed in the Information and Electronic Transactions Law, namely the confirmation in Article 47 paragraph (3) with the addition of aspects of price and costs, contract cancellation, hidden defects and legal options in resolving transaction disputes. electronic. However, there are differences in the meaning of hidden defects in the Information and Transaction Law, and it has also regulated several variants regarding electronic contracts and conventional contracts in Article 46 paragraph (1).

International Journal of ReligionVol. 5(11)
Universitas 17 Agustus 1945 Jakarta (ID), Universitas 17 Agustus 1945 Surabaya (ID), Universitas 17 Agustus 1945 Cirebon (ID), Universitas 17 Agustus 1945 Semarang (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 79%
Indonesian Legal and Regulatory Studies
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Validity of Contracts in the Digital Era in Indonesia — Sigit Irianto · International Journal of Religion (2024) | TGRS Research Map | TGRS