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SMART CONTRACTS DALAM TRANSAKSI PERDAGANGAN INTERNASIONAL TANTANGAN REGULASI GLOBAL Andriyani Susilawati; Annie Myranika; Gatot Subroto; Supriadi; M Ali Akbar
Berajah Journal Vol. 6 No. 2 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i2.380

Abstract

Digital transformation in international trade has introduced technological innovation in the form of smart contracts agreements that are automatically executed through computer code on blockchain. This study analyzes the global regulatory challenges faced by smart contracts in the context of international trade transactions. Using normative legal research methods with a comparative approach, this study examines the compatibility of smart contracts with fundamental international legal instruments such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) 1980 and recent developments, namely the UNCITRAL Model Law on Automated Contracting (MLAC) adopted in July 2024. The results show that the MLAC provides legal recognition for contracts in computer code form, but significant challenges remain in terms of jurisdictional fragmentation, cross-border enforcement, system interoperability, and consumer protection. This study recommends regulatory harmonization through the adoption of international standards, development of online dispute resolution (ODR) mechanisms, and a techno-legal approach in formulating smart contract regulatory frameworks that balance innovation and legal certainty.
Legal Review of Consumer Protection of Electronic Transactions in Business Law Andriyani Susilawati; Pandri Zulfikar; Gatot Subroto; Supriadi; M. Ali Akbar; Anharyanto
International Journal of Business and Quality Research Vol. 4 No. 02 (2026): International Journal of Business and Quality Research (IJBQR)
Publisher : Citakonsultindo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63922/ijbqr.v4i02.3499

Abstract

The rapid expansion of electronic transactions in Indonesia has fundamentally transformed digital commerce, yet existing consumer protection frameworks remain inadequately equipped to address emerging online risks. This study critically examines the adequacy of Indonesia’s regulatory architecture governing consumer rights in e-commerce, focusing on systemic gaps between traditional legislation and contemporary digital market dynamics. Employing a hybrid juridical-comparative methodology, the research integrates doctrinal analysis of primary legal instruments, comparative benchmarking against EU and US standards, and empirical case review of recent judicial and regulatory decisions. Findings reveal that while foundational regulations such as the Consumer Protection Law (UUPK), Electronic Information and Transactions Law, and Government Regulation No. 80/2019 establish baseline protections, they suffer from critical structural deficiencies. Key impediments include ambiguous platform intermediary liability, fragmented oversight across multiple governmental agencies, the absence of a dedicated Online Dispute Resolution (ODR) mechanism, and administrative sanctions that lack meaningful deterrent effect. Consequently, consumers remain vulnerable to data exploitation, fraudulent practices, and prolonged dispute resolution timelines. To bridge these regulatory gaps, this study recommends the enactment of a specialized digital commerce statute that explicitly defines platform responsibilities, extends withdrawal rights, and mandates algorithmic transparency. Furthermore, the establishment of a cross-institutional coordinating authority and a nationally integrated ODR platform is essential to streamline enforcement and align Indonesia’s consumer protection regime with international best practices. These reforms are crucial for fostering a secure, transparent, and sustainable digital economy.