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Overview of Smart Contract: Legality and Enforceability

Authors :
Fatihani Baso
Dzakiyah Ulya Yusuf
Andi Novita Mudriani Djaoe
Iswandi Iswandi
Anisa Ramadhany
Source :
Dialogia Iuridica, Vol 16, Iss 1, Pp 096-111 (2024)
Publication Year :
2024
Publisher :
Faculty of Law Universitas Kristen Maranatha, 2024.

Abstract

The purpose of the research is to provide an overview of the legality and enforceability of smart contracts. The research aims to examine the legal implications of the use of smart contracts in agreements. The study used qualitative research. The type of this study is normative. The second primary legal are from journals, books, and news. The recognition of the validity of smart contracts can be achieved through the setting of special clauses in contracts that recognize their validity, especially in cross-border transactions that require the addition of choice of law and choice of jurisdiction clauses. Smart contracts offer a great opportunity to revolutionize business transactions and contract law with greater efficiency and autonomy. However, for this technology to be well integrated in the legal framework, it requires the development of regulations that address the challenges of legal validity, enforceability, jurisdiction, and data security. In Indonesia, although smart contracts are permitted, legal uncertainties in various jurisdictions indicate the need for more dynamic legal adaptation to support the development of this technology.

Details

Language :
English, Indonesian
ISSN :
20859945 and 25793527
Volume :
16
Issue :
1
Database :
Directory of Open Access Journals
Journal :
Dialogia Iuridica
Publication Type :
Academic Journal
Accession number :
edsdoj.3915502e930040ca8179a6c22cdf6662
Document Type :
article
Full Text :
https://doi.org/10.28932/di.v16i1.10024