Akibat Hukum Kontrak Elektronik yang dibuat dalam Bahasa Asing

Decisions to cancel foreign-language contracts in Indonesia are often linked to non-compliance with the valid terms of the contract regulated in Article 1320 KUH Perdata. The use of language in electronic contracts has become an important issue because the valid conditions of an electronic contract in Article 47 PP No. 71 Year 2019 refer to the valid contractual conditions in Article 1320 KUH Perdata. Furthermore, the absence of legal regulation over non-compliance with the obligation to use the Indonesian language in electronic contracts in Indonesia can create legal uncertainty. This research aims to determine the legal consequences regarding the validity of electronic contracts made in a foreign language in Indonesia. The research method uses normative law research with a five-month activity plan and focuses on non-Indonesian-speaking electronic contract law-related research. This research uses primary, secondary, and non-legal material and is carried out in the library. The result of this study is that although there are no special provisions on the legal consequences of foreign-language contracts, the legal effect is cancellation, cancellation by law, or even remaining in force as long as there is no bad faith or misconduct from the parties.

Authors

Publication Details

Journal
Wajah Hukum
Published
2024-10-01
DOI
https://doi.org/10.33087/wjh.v8i2.1515
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Akibat Hukum Kontrak Elektronik yang dibuat dalam Bahasa Asing

H. Sari, Aldira Mara Ditta Caesar Purwanto
Wajah Hukum
Legal Studies and Policies
article

Akibat Hukum Kontrak Elektronik yang dibuat dalam Bahasa Asing

H. Sari, Aldira Mara Ditta Caesar Purwanto
article en

Abstract

Decisions to cancel foreign-language contracts in Indonesia are often linked to non-compliance with the valid terms of the contract regulated in Article 1320 KUH Perdata. The use of language in electronic contracts has become an important issue because the valid conditions of an electronic contract in Article 47 PP No. 71 Year 2019 refer to the valid contractual conditions in Article 1320 KUH Perdata. Furthermore, the absence of legal regulation over non-compliance with the obligation to use the Indonesian language in electronic contracts in Indonesia can create legal uncertainty. This research aims to determine the legal consequences regarding the validity of electronic contracts made in a foreign language in Indonesia. The research method uses normative law research with a five-month activity plan and focuses on non-Indonesian-speaking electronic contract law-related research. This research uses primary, secondary, and non-legal material and is carried out in the library. The result of this study is that although there are no special provisions on the legal consequences of foreign-language contracts, the legal effect is cancellation, cancellation by law, or even remaining in force as long as there is no bad faith or misconduct from the parties.

Wajah HukumVol. 8(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 65%
Legal Studies and Policies
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Akibat Hukum Kontrak Elektronik yang dibuat dalam Bahasa Asing — H. Sari, Aldira Mara Ditta Caesar Purwanto · Wajah Hukum (2024) | TGRS Research Map | TGRS