Journal of Social Studies, Arts and Humanities (JSSAH)
Vol 4, No 2 (2024): Vol 4, No 2 (2024): Journal of Social Studies, Arts and Humanities

The Function Of State Duty In Providing Legal Assurance On Online Buying Selling Agreements

Suwarno, Indra Gunawan (Unknown)
Haryanto, Imam (Unknown)



Article Info

Publish Date
28 Jul 2024

Abstract

The rapid development of digital technology has transformed the traditional trading system into a digital marketplace that relies on electronic transactions or e-commerce. As online buying and selling activities continue to expand, legal issues concerning the validity and enforceability of electronic agreements have emerged, particularly regarding the role of stamp duty as an instrument of legal assurance. This study aims to analyze the function of stamp duty in providing legal certainty for online sales and purchase agreements under Law Number 10 of 2020 on Stamp Duty and Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law). Employing a qualitative normative legal approach, this research examines statutory regulations, legal doctrines, and relevant literature to interpret the legal status of e-stamps in electronic contracts. The findings reveal that stamp duty serves dual functions—first, as a fiscal instrument for state revenue generation, and second, as a juridical basis for ensuring document authenticity and legal enforceability. The study concludes that the inclusion of a physical or electronic stamp duty (e-stamp) on digital contracts does not solely determine legality but strengthens evidentiary value and public trust in online transactions. The modernization of stamp duty regulation thus represents the government’s effort to adapt fiscal and legal systems to the digital economy, ensuring fairness, transparency, and legal certainty in e-commerce practices.

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Journal Info

Abbrev

proceedings

Publisher

Subject

Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

Description

Journal of Social Studies, Arts and Humanities is a journal that publishes scientific papers in the field of Social Studies, Arts and Humanities. This Journal, run by Universitas Pakuan, Bogor. The Journal provides opportunities for scholars to submit papers in Social Studies, Arts and Humanities, ...