Virtual Consensualism: Orientation and Construction of Consensual Principles in Digital Business Practices

Gadis Iriawan (Fakultas Hukum, Universitas Pendidikan Nasional, Denpasar, Indonesia)
I Made Wirya Darma (Fakultas Hukum, Universitas Pendidikan Nasional, Denpasar, Indonesia)
I Gede Agus Kurniawan (Fakultas Hukum, Universitas Pendidikan Nasional, Denpasar, Indonesia)

Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 1 (2024): PENA JUSTISIA

The development of information and communication technology has changed the way consensus or agreement is formed in digital business practices. However, the validity of this virtual consensual process remains a legal debate, thus requiring further study of legislation and adjustments to technological developments to ensure legal certainty for the parties involved. The purpose of this research is to examine the orientation and construction of consensus principles in digital business practices, particularly the process of forming agreements and electronic transactions, and how the development of information and communication technology affects the orientation and understanding of consensus principles in that context. This research uses normative legal research methods by combining legislative and conceptual approaches. Data sources come from primary, secondary, and tertiary legal materials collected through literature review and documentation. Data analysis is conducted qualitatively using legal interpretation methods to interpret regulations, concepts, and data related to the research topic. The results of the research show that the development of information and communication technology has changed the orientation and construction of consensus principles in digital business practices, especially in the process of forming agreements and electronic transactions. Consent or consensus can now be given virtually through actions such as clicking the "Agree" button on digital platforms, which raises debates about its validity and legitimacy in meeting the consensus principle in contract law. Although the ITE Law acknowledges the validity of electronic contracts and electronic signatures, efforts are needed to ensure information transparency, full understanding of terms and conditions, and to regulate the roles and responsibilities of the parties involved in electronic transactions to build a consensus principle construction that is appropriate to the digital context. This shift also encourages a change in understanding of consensus that is no longer always manifested in physical signatures or verbal statements, as well as the process of forming agreements that can occur virtually without direct physical interaction.