The Effect Of Harmonization Of Contract Law On Security In Electronic Transactions

Abstract

In this sophisticated era, the development of information and communication technology has succeeded in changing the way humans think in conducting transactions over time1. Almost all transactions carried out by humans today are transactions using electronic devices or what we can call electronic transactions. This transaction can be done anytime, anywhere, and by anyone as long as they have a good internet signal or coverage, adequate tools and understand how to use them. However, there are still many things that conflict with this electronic transaction, including that it is often considered to cross national jurisdictional boundaries. At this limit there are several things that produce legal challenges that are considered quite complex, especially in the harmonization of contract law with various countries or between countries. The existence of inequality of rules, legal understanding, and technical standards can create or produce legal uncertainty that can potentially weaken the trust between business actors and consumers who conduct electronic transactions.

Transaction Media which is often called E-Commerce can be understood as a type of buying and selling transaction or trade in goods or services through electronic media. In this electronic contract agreement is an agreement of the parties made through an electronic system. From the above background, the formulation of the research problem is how the validity of electronic contract agreements in E-Commerce transactions is reviewed from civil law. This research uses normative research methods where, examining the problem by processing data obtained from the rule of law in accordance with existing regulations and rules or norms as the basis of research. Articles 5 and 6 of the ITE Law state that information, documents and electronic signatures can be used as evidence in e-commerce transactions are considered valid as long as the information can be checked, downloaded, displayed, guaranteed, and can be accounted for. The article is emphasized by the explanation of article 5 of Law Number 19 of 2016.

This research is conducted focusing on the risks regarding the security of personal data for consumers in the Financial Technology business field in Indonesia. The protection of personal data of Financial Technology consumers is fully needed, and there must be some regulations to ensure the confidentiality of personal data on consumers in the Financial Technology business realm. This is because consumers' personal data is flooded and can be distributed and become products that are sold illegally. With rules that guarantee the confidentiality of consumers' personal data, the public will feel much safer in carrying out activities and transactions carried out using Financial Technology. Protection of consumer personal data in Financial Technology must be carried out using regulations issued by the government. In addition, Financial Technology service providers also have an obligation to maintain the availability, confidentiality and integrity of financial data, buying and selling data, as well as personal data on their consumers, starting from the initial registration to the deletion of the data. If the Financial Technology service provider plans to use the data, then they must obtain consent from the consumer by explaining the limits of data utilization in detail, including the purpose and information on the use of the data.