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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS)
Febrihadi Suparidho
Faculty of Law, Social and Political Sciences, Universitas Mataram, Indonesia
Economics, Econometrics & Finance Public Health Social Sciences

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The Validity of Electronic Agreements in the Perspective of Indonesian Civil Law Febrihadi Suparidho; Septira Putri Mulyana
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) October 2
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i4.9023

Abstract

The development of information and communication technology has given rise to various new forms of legal relationships in society, one of which is electronic contracts. In classical civil law, agreements are always associated with written forms and physical signatures. However, the digital era demands a reinterpretation of civil law principles to maintain their relevance. This study aims to analyze the validity of electronic agreements from the perspective of Indonesian civil law, by examining the relationship between the Civil Code (KUHPerdata) and Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). The research method used is normative juridical with a statutory and conceptual approach. The results indicate that electronic agreements have the same legal validity as written agreements as long as they meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code and the provisions for valid electronic documents as stipulated in Article 5 of the UU ITE. However, challenges remain in terms of evidence and legal protection for parties in electronic transactions.
Legal Strength of Deeds Under the Hands of Notaries in Civil Proof Febrihadi Suparidho; Yuni Ristanti
International Journal of Health, Economics, and Social Sciences (IJHESS) (Special Issue) - International Journal of Health, Economics, and Social Sciences (IJHESS) October 2
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i4.9024

Abstract

A deed is a written evidence that plays an important role in proving civil cases. In practice, deeds are divided into authentic deeds and private deeds. Private deeds that are legalized by a notary often raise questions about their evidentiary power. This study aims to analyze the legal position and evidentiary power of private deeds that have been legalized by a notary in civil disputes. This study uses normative legal research and a normative legal approach with qualitative analysis sourced from primary and secondary legal materials. The results of the study indicate that legalization by a notary does not change a private deed into an authentic deed, but provides reinforcement to the date and signatures of the parties that the date and signatures on the private deed are indeed legalized before a notary. Thus, the deed has higher evidentiary power than ordinary private deeds, but is not equivalent to an authentic deed.
Co-Authors Septira Putri Mulyana Yuni Ristanti