Validity of Electronic Agreements in Digital Transactions

Abstract

The development of information technology has driven the increasing use of digital transactions based on electronic agreements. Although electronic agreements have been recognized in the Indonesian legal system, there are still debates and issues regarding their validity in practice. This study aims to analyze the validity of electronic agreements in digital transactions from the perspective of Indonesian contract law and examine their legal implications for legal certainty and protection of the parties. The research method used is normative legal research with a statutory and conceptual approach. Legal materials were obtained through a literature review of relevant laws and regulations, legal doctrines, and national and international scientific journals. The results of the study indicate that electronic agreements are, in principle, valid and legally binding as long as they meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code and the provisions of the Information and Electronic Transactions Law. However, in practice, weaknesses are still found, particularly regarding the elements of agreement and the capacity of the parties, as well as the dominance of standard agreements that have the potential to harm consumers. This study concludes that although electronic agreements have a clear legal basis, strengthening regulations and legal protection mechanisms is needed to ensure legal certainty and fairness in digital transactions in Indonesia.