Andi Sri Rezky Wulandari, Andika Prawira Buana, Anisah Daeng Tarring, Tri Abriana Ma'ruf, Athifa Ikhtiari

The Position of The Validity of Digital Signatures in Internet Sales Transactions: Perspectives of the Civil Code and the Consumer Protection Law

Introduction

The position of the validity of digital signatures in internet sales transactions: perspectives of the civil code and the consumer protection law. Analyze the validity of digital signatures in internet sales transactions from Civil Code & Consumer Protection Law perspectives. Explore legal force, consequences, and party positions in disputes. Digital signatures offer sophisticated security.

Abstract

It is known that in general the process of buying and selling transactions requires a physical meeting between the seller and the buyer, as per Article 1457 of the Civil Code. In the context of modern trade, buying and selling can be done face-to-face, without using original signatures and without territorial boundaries by utilizing information technology. Digital signature emerges as a concept that replaces the word “agree” in electronic transactions. Similar to analog signatures, digital signatures also serve to legitimize existing documents. However, currently there is still much debate regarding the recognition, legal force and legal consequences of electronic signatures, especially when disputes arise between the parties involved. The purpose is to determine and analyze the position of the validity of digital signatures in internet sales transactions: the perspective of the Civil Code and the Consumer Protection Law as well as the position of the parties in the internet Sales and Purchase Agreement. This research uses a normative juridical legal research approach. The approach used is legislation (state approach). In this legal research, analytical descriptive specifications are used. The method used is a literature study (Library Research) and qualitative data analysis using primary, secondary and tertiary legal materials which are interpreted in depth. The resume and discussion is that digital signatures are a very appropriate technique used to guarantee the authenticity of documents and avoid the possibility of someone leaking documents. This technique is much more sophisticated and more efficient than manual signatures. Information technology security is then regulated by law by not being an obstacle to technological development, but rather as a counterweight that provides security guarantees to its users. The law is here to provide protection for information technology.

Review

The article "The Position of The Validity of Digital Signatures in Internet Sales Transactions: Perspectives of the Civil Code and the Consumer Protection Law" addresses a highly pertinent and contemporary legal issue. In an era dominated by e-commerce, the legal certainty surrounding digital signatures is paramount, especially when contrasting traditional contractual principles embodied in the Civil Code with the protections afforded by Consumer Protection Law. The paper rightly identifies the shift from physical meetings and original signatures to technologically mediated transactions as a fundamental challenge requiring legal scrutiny. The stated purpose—to analyze the validity of digital signatures and the position of parties in internet sales agreements from these two legal perspectives—is well-defined and critical for understanding the evolving legal landscape of online commerce. The abstract outlines a normative juridical approach, utilizing a legislative (state) approach and literature study, which is appropriate for a legal analysis of this nature. It posits that digital signatures are a sophisticated and efficient technique for ensuring document authenticity and security, thereby surpassing manual methods. While this assertion about the *benefits* of digital signatures is clear, the abstract needs to more thoroughly articulate *how* the research definitively resolves the "much debate regarding the recognition, legal force, and legal consequences" within the specific frameworks of the Civil Code and Consumer Protection Law. For instance, how does the paper reconcile Article 1457 of the Civil Code, which implies physical presence, with the modern concept of "agree" being replaced by a digital signature? A deeper exposition on the interpretive mechanisms or legislative developments that bridge this gap would strengthen the argument. Furthermore, the abstract mentions "the position of the parties in the internet Sales and Purchase Agreement," but this aspect is not elaborated upon in the resume/discussion part of the abstract, which focuses primarily on the technical merits and general legal regulation of digital signatures. Overall, this paper tackles an important and complex legal intersection, offering valuable insights into the legal status of digital signatures in a rapidly digitalizing economy. Its contribution lies in attempting to bridge the gap between traditional legal statutes and modern technological advancements. For the full paper, it would be beneficial to provide a more explicit and detailed analytical framework demonstrating *how* the Civil Code and the Consumer Protection Law *interact* or *diverge* on this specific issue, moving beyond a general endorsement of digital signatures to a precise legal interpretation. A clear exposition of the legal consequences of digital signatures, especially in dispute resolution as highlighted in the problem statement, would significantly enhance its practical utility and scholarly impact. The paper holds considerable promise for clarifying legal uncertainties faced by consumers and businesses engaging in internet sales.

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