I Made Sudharma
Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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The Analisis Kepastian Hukum terhadap Kontrak Elektronik dan Smart Contract I Nyoman Wahyu Ariartha; I Made Sudharma; Putu Ulandari Sri Lestari
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.220-225

Abstract

The rapid development of information technology has significantly transformed the field of contract law in Indonesia. Electronic contracts and smart contracts have emerged as new legal phenomena that require adaptation within the national legal framework. This article aims to analyze the legal certainty of online and smart contracts in Indonesia’s positive law, particularly in light of recent regulations such as Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, and Law Number 27 of 2022 on Personal Data Protection. Using a normative juridical method with statutory and conceptual approaches, this study finds that electronic contracts are legally recognized but still face challenges in authentication, evidentiary standards, and legal protection. Meanwhile, smart contracts are not yet explicitly regulated, though they can be deemed valid under the principles of pacta sunt servanda and free will. The study concludes that a Digital Contract and Smart Contract Law is urgently needed to ensure that Indonesia’s legal system can balance technological efficiency with legal justice.
Perlindungan Hukum Terhadap Data Pribadi Konsumen dalam E-Commerce: Perspektif Konstitusionalisme Digital I Made Sugita; I Made Sudharma
Jurnal Yustitia Vol. 20 No. 01 (2026): JURNAL YUSTITIA FAKULTAS HUKUM UNIVERSITAS NGURAH RAI
Publisher : Fakultas Hukum Universitas Ngurah Rai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62279/yustitia.v22i01.1822

Abstract

The process of registering personal data into electronic systems has led to an increase in the use of digital services, including e-commerce. However, this situation also increases the vulnerability of consumers' personal data leaks in e-commerce and subsequent misuse by irresponsible parties. Personal data and the right to privacy are constitutional rights that must be guaranteed and protected by the state, as mandated by Article 28G Paragraph (1) of the 1945 Constitution, as they are an integral part of human rights that must be protected in the use of digital platforms, including e-commerce transactions. The purpose of this study is to examine the legal protection of personal data in e-commerce from the perspective of digital constitutionalism and, second, to examine the responsibility of marketplaces for violations of consumer personal data management in e-commerce. The research method used in this study is normative legal research, which refers to doctrines and theories, laws and regulations, and previous research relevant to the problem at hand. The results show that various regulations governing personal data protection include both preventive and repressive legal protection. Preventive protection includes data usage consent, technical data security safeguards, and the establishment of an independent data supervisory authority. Meanwhile, repressive protection includes mechanisms for filing objections, complaints, and claims for compensation by consumers who feel disadvantaged in e-commerce. Marketplaces are legally responsible for any security system failures or negligence in the personal data of those using their services. If a marketplace fails to fulfill its obligations, it may be subject to administrative sanctions in the form of warnings, fines, temporary suspension of activities, and even criminal sanctions if proven to have caused harm.