The Urgency of Updating Electronic Agreement Regulations to Strengthen Legal Certainty in Digital Transactions Amid the Paradigm Shift from Conventional to Online Transactions

Abstract

This study examines the urgency of updating electronic agreement regulations to strengthen legal certainty in digital transactions amid the paradigm shift from conventional to online contracting. The primary objective of the research is to assess the adequacy of existing regulatory frameworks and to formulate normative directions for regulatory renewal that respond to contemporary digital transaction practices. The research employs a qualitative methodology with a normative juridical research design, chosen to enable in-depth analysis of legal norms, principles, and doctrines governing electronic agreements. Indonesia is selected as the research location due to its rapidly expanding digital economy and the increasing prevalence of electronic transactions within its civil law system. To complement doctrinal analysis, the study incorporates qualitative insights from three purposively selected informants consisting of a legal academic, a regulatory official, and a legal practitioner, chosen for their expertise and direct involvement in digital contract regulation. The findings reveal that current regulations provide only partial legal certainty, as they remain fragmented, insufficiently adaptive, and weak in addressing issues of consent, fairness, and enforcement in digital transactions. The study recommends comprehensive regulatory reform that emphasizes clarity, adaptability, and systemic coherence to ensure legal certainty and enhance trust in the digital economy.