Online Sales and Purchase Agreement as A Private Deed: Analysis of Legal Certainty, Contract, and Formal Authority

Abstract

Digitalization has driven a shift in buying and selling transaction patterns from conventional forms to online transactions through marketplaces and social media. This change raises questions regarding the status of online buying and selling agreements as private deeds in the civil evidence system. This study uses a normative juridical method through a statute approach, a conceptual approach, and a case approach. The purpose of the study is to analyze whether digital agreements such as checkout, chat, electronic invoices, and the use of electronic signatures meet the requirements for a valid agreement in Article 1320 of the Civil Code and can be qualified as private deeds. The results of the study indicate that electronic documents have legal force as evidence under the ITE Law and substantially fulfill the elements of an agreement according to the Civil Code. However, there are still conflicting norms and inconsistent application by judges regarding the authentication of electronic documents in civil disputes. This study also emphasizes that further regulations regarding the legalization mechanism or formal validation of electronic documents are needed so that digital deeds obtain evidentiary force equivalent to private deeds in judicial practice.