Legal Comparison of Electronic Contract in Electronic Commerce Between Indonesia and the United States Based on the United Nations Commission on International Trade Law

Abstract

Objective: The importance of an electronic deal is the validity of the electronic information contained in it. The real reality that occurs in cyber activities is complex because such deeds are no longer limited to the territory of any other country.   Method: The United Nations Commission on Global Trade Law (UNCITRL) model law on electronic trade was established as a fundamental rule for regulating the validity, recognition, and results of electronic messages based on the use of computers in trade activities. Indonesia and the United States are among the member states of the UNCITRL state that can actively participate in the drafting of the UNCITRL Agreement and adopt model legislation. The aim of this learning was to compare the regulation of electronic contracts in Indonesia and the United States by referring to the UNCITRL model law on electronic commerce. The legal research methodology used in this study is the standard legal approach using statutory methods and conceptual methods.   Results: The results show that although both Indonesia and the United States have adopted some provisions of the UNCITRL Model Act in the field of electronic commerce, they have different legal implications.   Conclusions: The Electronic Information and Transaction Act – commonly known as UU ITE in Indonesia – focuses on the use of report technology and the Internet to ensure the security and privacy of electronic transactions, as well as to provide legal guarantees to technology users. UETA focuses on legalizing electronic communications, including electronic contracts, to remove as many barriers to electronic commerce as possible.