scholarly journals Keabsahan Blockchain-Smart Contract Dalam Transaksi Elektronik: Indonesia, Amerika Dan Singapura

2021 ◽  
Vol 5 (1) ◽  
pp. 199-212
Author(s):  
Eureka Inola Kadly ◽  
Sinta Dewi Rosadi ◽  
Elisatris Gultom

Information technology changes people's habits in simple transactions to electronic systems (e-commerce). Along with technological developments, various new electronic contract innovations have emerged, one of which is the Blockchain-Smart Contract which relies on a decentralized ledger system in digital form that moves automatically (self-executing) using cryptocurrency on the blockchain. With its application in electronic transactions carried out without human intervention and based on computer code, it raises various questions regarding its validity as an electronic contract that is binding and enforceable both in the Law on Information and Electronic Transactions (UU ITE)  in Indonesia, as well as internationally in UNCITRAL's Legal Model on e-Commerce with the implementation of technology neutrality principles.

Author(s):  
Vladimir L. Volfson ◽  

With digital rights designated to the objects of civil rights in Art. 128 of the Civil Code, Art. 141.1 amended to include their legal definition, and a new wording of Art. 309 introducing ‘smart contracts’, the digital reform recently enacted in the Russian civil law has seen some major novelties. Needless to say, these accomplishments have challenged Russian civil law theorists. Discussions are underway to resolve both doctrinal and applied issues that had been more than obvious well before the legislative move which, according to one of the opinions, was an ‘admissible’ experiment. What remains now is to assess its viability. The author of this work set the goal to explore the way digital rights, primarily those that arise from ‘smart-contracts’, are (or can be) ‘exercised’. This is a perspective where a fundamental gap between ‘smart-contract’ and civil contract emerges. In the author’s view, efforts to overcome it by expanding the concept of subjective rights and the principles of contract law will not succeed. Since no proper verification of the interests of the parties to ‘smart contracts’, which are essentially a computer code, is available, and as the same refers to linguistic verification of their will, there is no way for ‘smart contracts’ to enter the domain of law. Digital ‘contracts’ are unapt to honour the principle of contractual equilibrium. The ‘self-execution’ of these contracts, as well as their inherent inability to be violated, are, if put in the civilistic context, their fatal flaw, and by no means a virtue. The article also shows that though instruments to ensure a relative irreversibility of rights are not unfamiliar to private law, they cannot serve as an excuse for such regime in contract obligations. That fixation of rights and transactions in digital form has become fully enshrined in the civil law is arguably the only compatible with its principles as well as much anticipated impact the digital reform has brought about.


2020 ◽  
Vol 14 (4) ◽  
pp. 488-492
Author(s):  
Jovan Karamachoski ◽  
Ninoslav Marina ◽  
Pavel Taskov

Blockchain technology will bring a disruption in plenty of industries and businesses. Recently it proved the robustness, immutability, auditability, in many crucial practical applications. The blockchain structure offers traceability of actions, alterations, alerts, which is an important property of a system needed for development of sustainable technologies. A crucial part of the blockchain technology regarding the optimization of the processes is the smart contract. It is a self-executable computer code, open and transparent, encoding the terms of a regular contract. It is able to automate the processes, thus decreasing the human-factor mistakes or counterfeits. In this paper, we are presenting the feasibility of the blockchain technology in the certification processes, with an application developed for university diploma certification. The example is easily transferable in other areas and business models such as logistics, supply chain management, or other segments where certification is essential.


2018 ◽  
Vol 14 (2) ◽  
pp. 145 ◽  
Author(s):  
Siti Rohaya Mat Rahim ◽  
Zam Zuriyati Mohamad ◽  
Juliana Abu Bakar ◽  
Farhana Hanim Mohsin ◽  
Norhayati Md Isa

This study examines the two important aspect of latest technology issues in Islamic finance that related to artificial intelligence (AI) and smart contract. AI refers to the ability of machines to understand, think, and learn in a similar way to human beings, indicating the possibility of using computers to simulate human intelligence. Smart contract is a computer code running on top of a block-chain containing a set of rules under which the parties to that smart contract agree to interact with each other. The main objectives of this article are to evaluate the operations of AI and smart contract, to make comparison between the operations of AI and smart contract. This article concludes that AI and smart contract will have a huge impact in future for Islamic Finance industry.


Humaniora ◽  
2012 ◽  
Vol 3 (2) ◽  
pp. 593
Author(s):  
Suprayitno Suprayitno

Communities are increasingly familiar with Internet technology became one of the reasons for the rapid growth of digital newspaper in Indonesia. The ability of the media presents news in brief, fast, accessible and inexpensive form the basis of high growth of consumer interest in digital newspaper / electronic. Technological developments, triggering changes to the newspaper that had shaped the physical print later developed in digital form. In principle, newspaper print and digital newspapers contain messages or the same news, namely providing information to readers about the actual and weighted, as well as other light information that is entertainment. Review the anatomy of the digital newspaper layout is a study to trace and explore what and how the anatomy of a newspaper page layout, at least to provide information and understanding of the anatomy of the layouts in outline. Process layout in the digital version is no different from print media, which distinguishes its output only. In the process to any design layout of a medium, a designer is still expected to possess and master the basic principles such as layout hierarchy, emphasis, balance, and unity. 


2019 ◽  
Vol 6 (1) ◽  
pp. 32-58
Author(s):  
Dino Buzzetti

At its beginnings Humanities Computing was characterized by a primary interest in methodological issues and their epistemological background. Subsequently, Humanities Computing practice has been prevailingly driven by technological developments and the main concern has shifted from content processing to the representation in digital form of documentary sources. The Digital Humanities turn has brought more to the fore artistic and literary practice in direct digital form, as opposed to a supposedly commonplace application of computational methods to scholarly research. As an example of a way back to the original motivations of applied computation in the humanities, a formal model of the interpretive process is here proposed, whose implementation may be contrived through the application of data processing procedures typical of the so called artificial adaptive systems.


2021 ◽  
Author(s):  
Imelda Putri Parama Iswari

In the 21st century, many changes occur in life. The most prominent are technology-based and digital activities. Students born after 1995 are called Generation Z who play a role in creating and using various digital technologies. Generation Z in the 21st century is a digital generation that continues to advance and create new things in the fields of technology, communication, and digital. To compensate for the changes that occur in the character of generation Z students and also the faster technological developments, the creativity of teachers is needed in making a learning innovation. Innovation is carried out so that the learning process does not lag behind the times when technology changes rapidly.


2015 ◽  
Vol 15 (3) ◽  
Author(s):  
Ari Purwadi

Electronic contract (e-contract) is a contract that vulnerable to the emersion of problems because the contract happened between absence persons. This problem can be avoided if businessman who included in the electronic commerce using principle of good intention. According to the Information and Electronic Transactions Act declare that good intention shall be given during the transaction taking place, it must be interpreted both in the pre-transaction stage, transaction stage, and post-transaction phase. Thus, in order to protect consumer, it's good intention should be exist in every phase of consumer transaction. Keywords: Electronic Contract, Good Intention, Consumer Transaction.


2017 ◽  
Vol 1 (3) ◽  
pp. 46-64
Author(s):  
Desy Ary Setyawati ◽  
Dahlan Ali ◽  
M. Nur Rasyid

Transaksi elektronik adalah  suatu transaksi perdagangan atau perniagaan baik berupa penyebaran, pembelian, penjualan, pemasaran barang dan jasa dengan menggunakan media elektronik yang terhubung melalui internet. Dengan adanya transaksi elektronik sangat menguntungkan bagi pihak konsumen dalam memilih berbagai jenis barang namun pelanggaran hak-hak konsumen sangat memungkinkan terjadi  mengingat transaksi elektronik mempunyai karakteristik yang berbeda dengan transaksi konvensional. Untuk itu diperlukannya perlingan hukum terhapa konsumen dalam jual beli barang yang mengandung unsure penyalahgunaan keadaan yang dihubungkan dengan Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen (UUPK). Penyalahgunaan keadaan yang sering dilakukan oleh pihak pelaku usaha adalah melanggar Pasal 4 UUPK tentang hak-hak konsumen. Penyalahgunaan keadaan juga dapat dilakukan oleh pihak pelaku usaha dengan mencantumkan klausula baku tidak sesuai dengan Pasal 18 UUPK tentang larangan pencantuman klausula baku.  Akibat dari penyalahgunaan keadaan dari pihak pelaku usaha mengakibatkan pihak konsumen mengalami kerugian dan mengakibatkan terjadinya wanprestasi. Selain UUPK dalam transaksi elektronik mengenai perlindungan terhadap konsumen juga diatur dalam Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik (UUITE). UUITE menjelaskan tentang tanggung jawab pelaku usaha terhadap konsumen yang terdapat dalam Pasal 9 UUITE yang menyatakan bahwa,” Pelaku usaha yang menawarkan produk melalui sistem elektronik harus menyediakan informasi yang lengkap dan benar berkaitan dengan syarat kontrak, produsen, dan produk yang ditawarkan”. Pasal ini menjelaskan tanggung jawab pelaku usaha dalam memberikan informasi yang sebenarnya mengenai toko online miliknya dan informasi terkait pencantuman klausula baku untuk menghindari terjadinya wanprestasi antara pihak konsumen dan pelaku usaha. Dalam kondisi seperti ini sepatutnya negara hadir terutama dalam wujud hukum yang mengatur dan memberi perlindungan kepada konsumen, seperti yang dijelaskan dalam Pasal 1 angka 1  UUPK menyebutkan bahwa Perlindungan Konsumen adalah segala upaya yang menjamin adanya kepastian hukum untuk memberi perlindungan kepada konsumen.Electronic transaction is a trading or commercial transaction in the form of distributing, purchasing, selling, marketing of goods and services by using electronic media connected via internet. With the electronic transaction is very beneficial for the consumer in choosing various types of goods but violations of consumer rights is possible because electronic transactions have characteristics different from conventional transactions. Therefore, the need for legal relief on consumers in buying and selling of goods containing elements of misuse of the circumstances associated with the Act Number 8, 1999 concerning Customer Protection (UUPK). Abuse of the state that is often done by the business actor is violating Article 4 UUPK concerning consumer rights. Abuse of the situation can also be done by the business actor by stating the standard clause does not comply with Article 18 UUPK about the ban on the inclusion of the standard clause. As a result of misuse of the circumstances of the business actors resulted in the consumer losses and resulted in a default. In addition to UUPK in electronic transactions concerning consumer protection is also regulated in the Information and Electronic Transaction Act (UUITE). UUITE explains the business actors' responsibility to consumers contained in Article 9 UUITE states that, "Business actors offering products through electronic systems must provide complete and correct information relating to the terms of contracts, producers and offered products". This Article describes the responsibility of business actors in providing actual information about their online store and information related to the inclusion of standard clauses to avoid the occurrence of wanprestasi between the consumer and business actor. Under these circumstances, the state should be present primarily in the form of laws that regulate and provide protection to consumers, as described in Article 1 point 1 UUPK mention that Consumer Protection is any effort that ensures legal certainty to provide protection to consumers.


2021 ◽  
Vol 2 (3) ◽  
pp. 525-530
Author(s):  
Widhiatmika Coryka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.


2020 ◽  
Vol 15 (1) ◽  
pp. 111-120
Author(s):  
Melani Melani ◽  
Hari Sutra Disemadi ◽  
Nyoman Serikat Putra Jaya

The development and progress of electronic transactions has resulted in changes in the activities of human life in various fields which have directly given rise to new forms of legal action that require Indonesia to form arrangements regarding electronic transaction management. The purpose of this study is to find out the background of the birth of criminal law policies regarding electronic transactions and to find out the formulation of criminal acts regarding electronic transactions in Law Number 19 of 2019 concerning Information and Electronic Transactions. The results of this study indicate that the background of the birth of the criminal law policy in the field of electronic transactions is the development of crime through electronic systems in society. Although crime through an electronic system is virtual, it can be categorized as a real legal act or action. Juridically, legal actions in this cyber space are regulated in the ITE Law. This ITE Law is an absolute legal approach to safeguard security in cyberspace and produce legal certainty on technology utilization issues.


Sign in / Sign up

Export Citation Format

Share Document