Journal of Law, Poliitic and Humanities
Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities

Reformulating the Concept of Breach of Contract in Electronic Agreements: Perspectives on Legal Certainty and Justice

Markus Suryoutomo (Universitas 17 Agustus 1945 Semarang, Universitas Trisakti Jakarta, Universitas Malikussaleh, Universitas Gadjah Mada, Universitas Dirgantara Marsekal Suryadarma)
Natasya Yunita Sugiastuti (Universitas Trisakti Jakarta)
Ramziati Ramziati (Universitas Malikussaleh)
Ghina Marta Salmaa Salsabila (Universitas Gadjah Mada)
Selamat Lumban Gaol (Universitas Dirgantara Marsekal Suryadarma)



Article Info

Publish Date
12 Apr 2026

Abstract

The rapid advancement of information and communication technology has significantly transformed contractual practices, shifting from conventional agreements to digitally based electronic contracts. This transformation not only alters the mechanisms of contract formation but also affects the traditional concept of breach of contract, which has long been rooted in classical civil law paradigms. In practice, the distinctive features of electronic transactions such as their cross-border nature, the absence of direct interaction between parties, and the involvement of electronic systems and third parties like digital platforms create particular complexities in determining the forms of breach and identifying the responsible parties. This ambiguity may lead to legal uncertainty and an imbalance in legal protection, especially for consumers. This study aims to reformulate the concept of breach of contract in electronic agreements by emphasizing the principles of legal certainty and justice. The research employs a normative juridical method, utilizing both statutory and conceptual approaches. The analysis focuses on existing legal norms as well as the evolving practices of electronic transactions within society. The findings indicate that the concept of breach of contract in electronic agreements can no longer be narrowly interpreted as merely the non-performance of obligations. Instead, it should be broadened to include failures of electronic systems, algorithmic errors, network disruptions, and the negligence or liability of digital platform providers. Such a reformulation is essential to establish a legal framework that is responsive to technological developments while ensuring fair and proportional legal protection for all parties involved in electronic transactions.

Copyrights © 2026






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...