Rekonstruksi Pengaturan Hukum Transaksi Elektronik Di Indonesia

Abstract

The development of electronic transaction activities in Indonesia brings its own homework for the legal regime which as it turns out, to this day there are still many problems in the legal regulation of electronic transactions. Departing from this issue, the writer formulates these problems: first, what is the problem with the regulation of electronic transaction law in Indonesia today? Second, what is the urgency of reconstructing the legal regulation of electronic transactions in Indonesia? Third, how should the reconstruction of the legal regulation of electronic transactions in Indonesia be? This is normative juridical research by using conceptual approach and statutory approaches. The results conclude as follows: first, the legal regulation of electronic transactions in Indonesia has several problems, namely (i) it takes a long time to draft the laws and regulations under it, (ii) partial arrangements at different times, (iii) vague legal politics (iv) issues of effectiveness, and (v) issues of harmonization with other laws and regulations; second, the urgency of the legal regulation of electronic transactions is (i) due to the need for legal certainty and legal interests that guarantee the implementation of electronic transactions. (ii) a law is needed that is able to reach future developments and changes, and (iii) because the existing regulations are not yet effective to meet the needs of legal settlements in the field of electronic transactions; third, the reconstruction can be carried out using two methods, namely (i) by making a special law on electronic transactions that are separate from information technology in general and provisions for prohibited acts (cybercrime), and (ii) by using omnibus law legal model of electronic transaction law.