KEABSAHAN TANDA TANGAN ELEKTRONIK PADA PERJANJIAN KONTRAK BISNIS DI INDONESIA
OLEH : DIYON P. KENCANA SUWARNO NPM : 13 10 122 100
I Nyoman Putu Budiartha A. A. Sg. Laksmi Dewi
Till today positive law of Indonesia determine that only one way of to give legal force and legal consequences to a[n act, that is with manuscript signature. But, in commerce praktik specially, manuscript signature have is becoming shifted with usage of coherent electronic signature at act of terdematerialisasi or equally " electronic act", so that arise debate about confession, legal force and legal consequences from a electronic signature. Its problems is: how arrangement of usage of electronic signature in agreement of business contract according to legislation in Indonesia? And How authenticity of electronic signature from a business contract or agreement in law of evidence?. Research type which is used in writing of this skripsi is type research of law of normatif. While approach of problem him with approach of legislation and is conceptual.
Arrangement of usage of electronic signature in agreement of business contract according to legislation in Indonesia, is under colour of law of UU ITE and Regulation Of Government (PP) Number 82 Year 2012 about Transaction Electronic and related to agreement grounds in KUH Civil. This legal fundament become important as reference and base that electronic document of is including agreement of business contract which sign digitally is validity judicially, is same as conventional signature at paper document.
Authenticity of electronic signature from a business contract or agreement in law of evidence is if contract that happened effect of transaction contract electronic business told is lawful of civil of Indonesia, hence the contract also have to fulfill conditions of its validity of agreement according to Section 1320 KUH Civil. Suggestion : Suggested to Government to be able to form special code regarding agreement in general which have accomodated commercial transaction of electronic ( e-commerce) representing specialist lex of KUH Civil and also of KUHAP to anticipate progressively expanding electronic area it in order to rule of law him in commercial transaction of electronic (e-commerce) in Indonesia. And to related partiess to do socialization concerning commercial transaction of electronic (e-commerce) of is including in it electronic signature to society and all enforcer of law to be able to comprehend problems and mechanism related to commercial transaction of electronic ( e-commerce)
Keyword : Signature Electronic, Agreement contract business