ANALISIS KESESUAIAN PENGGUNAAN BAHASA ASING DALAM KONTRAK ELEKTRONIK DI INDONESIA DITINJAU DARI KUHPERDATA DAN UU BAHASA

Abstract

In the increasingly prevalent digital era, the implementation of electronic contracts often involves multiple parties, including those from abroad, raising discussions about compliance with national regulations. This article specifically addresses the key issue of the legal consequences arising from the practice of exclusively using foreign languages in contracts involving Indonesian legal entities. This is evident in its conflict with the fundamental obligations stipulated in Article 31 of Law Number 24 of 2009 concerning the National Flag, Language, and Emblem, as well as the National Anthem (the Language Law). This research is crucial because the rules for the use of Indonesian stipulated in this law are directly related to the requirements for contract validity under Article 1320 of the Civil Code. This research employs a normative juridical legal method with a statutory approach and a conceptual approach. The legal sources utilized include primary legal sources such as the Civil Code and the Language Law, as well as secondary legal sources such as books, journals, and related research. Data were collected through a literature review and then analyzed using qualitative methods to understand the applicable legal regulations.