International Journal of Social and Education (INJOSEDU)
Vol. 3 No. 7 (2026): International Journal of Social and Education (INJOSEDU)

THE VALIDITY OF ELECTRONIC AGREEMENTS IN SALES TRANSACTIONS VIA MARKETPLACES AS EXAMINED UNDER ARTICLE 1320 OF THE CIVIL CODE AND THE LAW ON INFORMATION AND ELECTRONIC TRANSACTIONS

Shohib Muslim (Politeknik Negeri Malang)
Eka Jaya Subadi (Universitas Mataram)



Article Info

Publish Date
02 Oct 2026

Abstract

Advances in information technology have driven a shift in buying and selling practices from conventional systems to electronic transactions via online marketplaces. This shift has raised legal issues regarding the validity of agreements entered into without a face-to-face meeting and without physical documents between the seller and the buyer. This study aims to analyse the validity of electronic contracts in sales and purchase transactions via online marketplaces based on Article 1320 of the Civil Code (KUHPerdata) and the Law on Information and Electronic Transactions (UU ITE). This study employs a literature review method using a juridical-normative approach. The results of the study indicate that electronic contracts in marketplace transactions are valid and binding provided they fulfil the four requirements of Article 1320 of the Civil Code, namely agreement, legal capacity, a specific subject matter, and a lawful cause. The Electronic Information and Transactions Act (UU ITE) recognises electronic contracts and affirms that electronic information, electronic documents and their printed copies may be used as valid legal evidence. Consequently, the absence of physical documents or wet signatures does not invalidate an electronic contract, provided that the transaction process, the identities of the parties, the subject matter of the contract and the integrity of the electronic evidence can be accounted for.

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Journal Info

Abbrev

INJOSEDU

Publisher

Subject

Description

International Journal of Social and Education (INJOSEDU) is a journal that deals with social, cultural, economic, political and educational issues. Education covers all kinds of fields of education, in the sphere of family, school, and even higher education. The field of education is not confined to ...