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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora
Elyviatino, Elsha Putri
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : AHKAM : Jurnal Hukum Islam dan Humaniora

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Keabsahan Kontrak Elektronik dalam Perjanjian Jual Beli, Ditinjau dari Perspektif Pasal 1313 KUHPerdata Elyviatino, Elsha Putri; Nugroho, Lucky Dafira
AHKAM Vol 4 No 2 (2025): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i2.6010

Abstract

Electronic contracts play a crucial role in modern business transactions in the digital era, yet their legal validity remains a subject of debate within the context of Indonesian law. This study aims to analyze the validity of electronic contracts based on national legal provisions. A normative juridical approach was employed, using data obtained through literature review, statutory regulations, and court decisions. The findings show that electronic contracts are legally recognized in Indonesia as long as they fulfill the essential elements of a valid agreement as stipulated in Law Number 11 of 2008 on Electronic Information and Transactions (UU ITE), including mutual consent, legal capacity, a specific object, and a lawful cause. Although electronic contracts are normatively grounded in a strong legal framework, their implementation continues to face challenges such as low public awareness of their legality and benefits, as well as limitations in digital infrastructure. Therefore, strategic measures are necessary to enhance public understanding, strengthen digital legal literacy, and develop adequate supporting infrastructure to effectively and sustainably optimize the implementation of electronic contracts in legal practice and socio-economic life.
Co-Authors Lucky Dafira Nugroho