TINJAUAN YURIDIS PENGGUNAAN BAHASA INDONESIA DALAM KONTRAK ELEKTRONIK DI INDONESIA

Sari, Hani Puspita (2024) TINJAUAN YURIDIS PENGGUNAAN BAHASA INDONESIA DALAM KONTRAK ELEKTRONIK DI INDONESIA. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

The use of language in electronic contracts has become an important issue because the valid conditions of an electronic contract in Article 47 PP No. 71 Year 2019 refer to the valid contractual conditions in Article 1320 KUH Perdata. Furthermore, the absence of legal regulation over non-compliance with the obligation to use the Indonesian language in electronic contracts in Indonesia can create legal uncertainty. Decisions to cancel foreign-language contracts in Indonesia are often linked to non-compliance with the valid terms of the contract regulated in Article 1320 of the Customs Code. Thus, it is necessary to analyze further whether the use of foreign languages in electronic contracts implies the validity of the contract itself and its legal consequences. The research method uses normative legal research and focuses on research related to non-Indonesian electronic contract law. This research uses primary, secondary, and non-legal material. The Master Corporate Services Agreement (MSA) between PT Rizky Afira Indo and PT NCR Indonesia made electronically using English does not remove the essence of a construction employment contract using the Indonesian language in accordance with Law No. 2 Year 2017 On Construction Services. The validity of this electronic contract has been fulfilled by Article 47 PP No. 71 Year 2019, which refers to the valid contract conditions of Article 1320 KUH Perdata. Although there are no specific provisions concerning the legal consequences of a foreign-language contract, the lawful consequences can be of various kinds, such as cancellation, void by law, or even remain in force as long as there is no bad faith or failure on the part on the part of the parties. If a dispute arises and the cancellation of an electronic contract is filed, then the court will refer to the guidelines set out in Supreme Court Ordinance No. 3 of 2023.

Item Type:

Thesis (Undergraduate)

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