PERAN PERJANJIAN DAN PERIKATAN DALAM MENJAMIN KEPASTIAN HUKUM TRANSAKSI BISNIS DIGITAL DI INDONESIA

Abstract

This study aims to analyze the role of agreements and obligations in ensuring legal certainty in digital business transactions. The development of information technology has transformed business transaction patterns from conventional systems into electronic-based transactions, thereby creating a greater need for legal certainty capable of protecting the rights and obligations of the parties involved. This study employs a normative legal research method using a literature review approach. The research data were obtained through an examination of laws and regulations, legal literature, books, scientific articles, and other relevant sources related to contract law, obligations, and electronic transactions. The results show that agreements serve as the legal basis for establishing relationships between parties in digital business transactions, while obligations give rise to rights and duties that must be fulfilled by each party. The validity of electronic agreements continues to refer to the fundamental principles of contract law under the Indonesian Civil Code and is further strengthened by statutory provisions governing electronic transactions. Legal certainty in digital business transactions is determined not only by the validity of a contract, but also by the clarity of its provisions, transparency of rights and obligations, good faith, electronic system security, identity authentication, and the availability of electronic documents and electronic signatures as legal evidence. Therefore, agreements and obligations play an essential role in establishing substantive, procedural, and evidentiary legal certainty, while also serving as instruments of legal protection, risk management, dispute prevention, and trust enhancement in digital business transactions.