Validity of Electronic Signature on Buying Agreements in State Legal Perspective (Study of Sale and Purchase Agreements Between Pt. Juang Abadi Alam and Australian Rural Exports Pty Ltd)

摘要

Electronic transaction agreement between PT. Juang Abadi Alam with Australian Rural Exports Pty Ltd in the perspective of the ITE Law is legal and has legal consequences, this is reinforced in Article 11 paragraph (1) of Law Number 19 Year 2016 concerning Amendment to the Second Law Number 8 Year 2011 concerning Information and Electronic Transactions which explains that: "Electronic Signatures have legal force and legal consequences." In another perspective, Article 1320 of the Civil Code sees that an agreement is only valid if it meets the subjective requirements and objective conditions which the parties will meet each other. In addition, the potential risks in electronic transactions are very contrary to the expected effectiveness, such as security aspects where the use of electronic information uses public networks, where everyone can find out information about the electronic transaction, besides when one party does not implement the transaction electronics that have been agreed with other parties, then this will have an impact on the loss of interested parties and parties that use information technology for the sale of an item or service.