Keabsahan Kontrak Elektronik Dalam Hukum Bisnis Indonesia: Tinjauan Pasal 1320 KUHPdt dan UU ITE

Abstrak

The development of digital technology has transformed business transaction patterns from conventional contracts to electronic contracts through digital platforms and e-commerce systems. This transformation raises legal issues concerning the validity of consent, the binding force of contracts, and evidentiary matters in online transactions. This study aims to analyze the validity of electronic contracts in Indonesian business law based on Article 1320 of the Civil Code (KUHPerdata) and the Electronic Information and Transactions Law (UU ITE) along with its implementing regulations, and to explain how both legal regimes complement each other in legitimizing digital contracts. The research method used is normative juridical with a statutory approach and a conceptual approach. Legal materials were collected through library research and analyzed qualitatively using a descriptive-analytical technique. The results show that electronic contracts are valid and binding as long as they fulfill the four requirements of Article 1320 of the Civil Code, namely consent, legal capacity, a certain object, and a lawful cause. The UU ITE and Government Regulation Number 71 of 2019 strengthen this legitimacy by recognizing electronic contracts and placing electronic information and documents as valid evidence. Accordingly, the Civil Code functions as lex generalis guaranteeing the substance of validity, while the UU ITE functions as lex specialis guaranteeing recognition of form, evidence, and the operationalization of contracts in digital systems.