PROVISIONS AND IMPLICATIONS OF ELECTRONIC SIGNATURES IN E-COMMERCE TRANSACTIONS: A STUDY ON GLOBALIZATION, CIVIL LAW, AND THE ITE LAW PERSPECTIVE IN INDONESIA Ganda Sari Adil Simanjuntak (a), Anis Rifai (b), Abdul Latif
Doctoral student of Doctoral Program Faculty of Law Universitas Jenderal Soedirman, Indonesia,
Law Faculty, University Al-Azhar Indonesia
Law Faculty, Universitas Krisnadwipayana, Bekasi, Indonesia
Abstract
Globalization is an ongoing process that influences various aspects of human life, including the economy, society, culture, politics, and technology. In the era of globalization, countries like Indonesia face challenges related to economic, social, and cultural rights violations, particularly in the context of e-commerce. As science and technology rapidly advance, the emergence of Industry 4.0 and the digital economy brings significant changes to business operations and consumer behavior. E-commerce platforms have facilitated convenience in buying and selling activities but have also raised concerns regarding fraud and the validation of consumer data. This research aims to examine the legal provisions and implications of electronic signatures in e-commerce transactions, focusing on the perspective of Civil Law and ITE Law (Law Number 11 of 2008 concerning Electronic Information and Transactions). The study adopts a normative legal research method, analyzing primary, secondary, and tertiary legal materials to explore the legal framework surrounding electronic signatures in Indonesia. Key research problems include understanding the validity of electronic signatures as a form of agreement, policies governing the use of electronic signatures in online transactions, the legal implications of utilizing digital signatures in e-commerce, and the available legal remedies in case of electronic signature disputes. Through a comprehensive analysis of statutory regulations and legal doctrines, this study aims to provide insights into the legal aspects of electronic signatures in e-commerce transactions, addressing concerns related to the validity of agreements, contract binding force, transaction cancellations, and security of information and payments. The findings can contribute to enhancing the legal framework and promoting secure and trustworthy e-commerce practices in the globalized world.
