electronic contract
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2021 ◽  
Vol 13 (12) ◽  
pp. 319
Author(s):  
Benjamin Leiding ◽  
Priyanka Sharma ◽  
Alexander Norta

Nowadays, business enactments almost exclusively focus on human-to-human business transactions. However, the ubiquitousness of smart devices enables business enactments among autonomously acting machines, thereby providing the foundation for the machine-driven Machine-to-Everything (M2X) Economy. Human-to-human business is governed by enforceable contracts either in the form of oral, or written agreements. Still, a machine-driven ecosystem requires a digital equivalent that is accessible to all stakeholders. Additionally, an electronic contract platform enables fact-tracking, non-repudiation, auditability and tamper-resistant storage of information in a distributed multi-stakeholder setting. A suitable approach for M2X enactments are electronic smart contracts that allow to govern business transactions using a computerized transaction protocol such as a blockchain. In this position paper, we argue in favor of an open, decentralized and distributed smart contract-based M2X Economy that supports the corresponding multi-stakeholder ecosystem and facilitates M2X value exchange, collaborations, and business enactments. Finally, it allows for a distributed e-governance model that fosters open platforms and interoperability. Thus, serving as a foundation for the ubiquitous M2X Economy and its ecosystem.


Rechtidee ◽  
2021 ◽  
Vol 16 (2) ◽  
pp. 156-176
Author(s):  
Rina Arum Prastyanti ◽  
Adnan Terry Suseno

The rapid growth of illegal online loan services is also caused by the potential of the Indonesian people themselves to become a large enough market for online loan services. There are still many Indonesians who are not bankable, so many turn to illegal online loan services that are easier and faster. Currently, there are 105 illegal Fintechs that have been brought under control by the Investment Alert Task Force since 2018-2020. In terms of fintech dispute resolution, there is no dispute resolution agency that effectively resolves disputes. This is because the location of the parties is unclear, besides that the fintech lending administrator in the standard electronic contract clause does not specify a court. This research is a normative juridical research using the Systematic Literature Review Method which refers to Kitchenham (2019) with research stages using planning, implementation and reporting. The first stage begins with formulating the main objectives of this research. This is to identify what problems arise from the Peer to peer Lending industry. On November 13, 2020, OJK issued a draft regulation on P2P, which is planned to replace POJK 77, to provide legal certainty to the P2P business model and protect the public interest. Several provisions in the draft were adopted from OJK regulations that exist in other business sectors that are strictly regulated such as insurance, securities, and finance. The protection of peer to peer fintech lending business ethics has been stated in the AFPI 2020 special Code of Conduct Number 002/SK/COC/INT/V/2020. However, the rules of business ethics that have been made still have weaknesses which will have an impact on consumers' losses.


2021 ◽  
Vol 2 (3) ◽  
pp. 641-645
Author(s):  
Putu Widhiatmika Coryka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

An electronic contract is a contract made by the parties through electronic media, each party when negotiating does not need to have a face-to-face meeting but uses electronic media such as email. Currently, electronic contracts have received legitimacy and protection by Law Number 11 of 2008 concerning Electronic Information and Transactions. This study aims to examine the validity of the same as written contracts on credit card ownership agreements and to reveal legal protection for credit card owners in conducting E-commerce transactions. This research was conducted using normative legal research. The sources of legal materials are primary legal materials, which are sourced from legislation and secondary sources of legal materials are taken from relevant literatures with the issues studied. After the research data has been collected, it is then processed and analyzed in a descriptive qualitative way. The results of the study indicate that 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 agreed guarantees and or guarantees. An electronic contract is valid evidence if it is presented as evidence at the court table based on article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions.


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.


One of the potentials that can be done by smart contracts is the application of buying and selling business in e- commerce. In a study conducted by the British research institute Merchant Machine as reported in databoks.katadata.co.id states that, out of the 10 list of countries that have the fastest e-commerce growth, Indonesia leads the ranks of these countries with growth reaching 78% in the year 2018. As you know, blockchain not only develops cryptocurrency but also in financial services and smart contract payments. Legal arrangements that apply to smart contracts governed by contract and sale and purchase laws in Indonesia have not yet been found, and need to be explored in order to provide certainty regarding legal protection that can guarantee parties who use smart contracts to guarantee legal certainty and fairness in their application. The research that will be conducted in answering these questions uses a systematic review method, the researcher traces the legislation regarding consumer protection, as well as the principles of electronic contract law that can be applied. The results of the study concluded that with the regulations regarding electronic contracts, smart contracts are legal contracts that can be applied in Indonesia.


2021 ◽  
Vol 6 (9) ◽  
pp. 33-40
Author(s):  
Saodat Khadjaeva ◽  

This article discusses issues related to the importance of an electronic contract concluded electronically.Inthearticle,specialattentionispaidtoissuesrelatedtothecomprehensivedisclosureofongoingreforms,improvementoflaborlegislation,aswellasputforwardproposalsforconcludinganemploymentcontractelectronically.Atthesametime,thisworkrevealsthecurrentpracticeofconcludingandregisteringanelectroniccontractanditsadvantages.In this scientific publication were analyzedopinions of scientists on the translation of an employment contract into electronic form and other issues related to an employment contract.Keywords: labor, contract, form, electronic, conclusion, employee, employer, labor relations, indefinite, term


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.


2021 ◽  
Author(s):  
Igor Kambovski ◽  

Electronic agreement means an agreement concluded at a distance electronically, using electronic means. However, electronic means are used not only to conclude a contract, but also to negotiate and agree on its content and elements or to effect its implementation and execution. Modern societies are based on an economic system that is mainly based on contracts. In the conditions of development of globalization and digital economy, industry and service activities are focused on the achievements and advantages provided by the information society. However, without trust in electronically concluded contracts, new economies will not be able to realize their full potential and will lag behind the opportunities offered by new technologies. Therefore, it remains either to increase confidence in the technical possibilities and validity of the electronic contract or to find a completely new concept for regulating the exchange of goods and services within the new digital era. In any case, it is easier and more acceptable to create technical solutions for the legal validity of E-contracts in order to redefine legal contractual mechanisms that have been operating successfully for decades and centuries.


2021 ◽  
Vol 1828 (1) ◽  
pp. 012112
Author(s):  
Feng Ma ◽  
Ning Tang ◽  
Rui Xu ◽  
Ziqian Zhang

2021 ◽  
pp. 407-417
Author(s):  
Haihong Zhao ◽  
Ziqiang Zhu ◽  
Changfeng Pan ◽  
Zhongyuan Yao ◽  
Weihua Zhu ◽  
...  

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