Juridical Review of Electronic Agreements on Paylater Features in Indonesia

Abstract

Listen

Translate article

In civil procedural law in Indonesia, it is known that there are five types of evidence as regulated in Article 164 HIR/284 RBG, namely letters, witnesses, confessions, oaths and judges' allegations. The letters referred to in the first form of evidence are letters that are signed and contain legal acts. However, a letter that can be strong evidence is an authentic deed, namely a letter made by or before a notary. From here, problems arise regarding the evidentiary strength of electronic contracts if a dispute occurs between the parties. The problems that will be discussed in this research are regarding the form and validity of electronic agreements in the paylater feature in Indonesia and the evidentiary strength of electronic agreements in the paylater feature when a dispute occurs. The type of research used in this research is normative juridical. The results of this research are that the electronic contract agreement process and conventional contracts have similarities, what differentiates the two contracts is that electronic contracts are carried out without face to face and do not need to meet in person so that the electronic contract agreement process occurs more quickly, easily and efficient. Electronic contracts with Paylater are valid because they fulfill the legal requirements for an agreement based on Article 1320. Apart from that, if we examine the electronic contract, it also complies with the provisions regulated in Law Number 19 of 2016 concerning Information and Electronic Transactions. The evidentiary status of electronic evidence in civil cases in court is as valid evidence. The presence of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, as a form of confirmation of the recognition of electronic information and/or documents as legally valid evidence. As long as the information and/or electronic documents included can be accessed, displayed, their integrity is guaranteed, and can be accounted for so that they can explain a situation or event related to the dispute that occurred.