MEDIA ELEKTRONIK SEBAGAI SARANA PEMBENTUKAN PERJANJIAN DAN IMPLIKASINYA TERHADAP PEMBUKTIAN WANPRESTASI

Abstract

The purpose of this investigation is to examine the legal force of agreements made through electronic media in proving breach of contract disputes and to examine the differences in judicial considerations the court of first instance with the Supreme Court. This study employs a normative juridical methodology that draws from both case law and statutes. The results demonstrate that, so long as they meet the necessary criteria of a contract, agreements reached by electronic means, such as WhatsApp messaging or telephone conversations, are legitimate under the law. According to Indonesian law, electronic documents are just as legitimate as paper ones. Nevertheless, in order for electronic agreements to be legally binding, further proof of performance or violation of duties must also be shown alongside them. The difference in approach between the first instance court, which tends to be formalistic, and the Supreme Court, which adopts a more substantive approach, reflects a shift toward material truth. Therefore, electronic agreements play an important role in proving breach of contract disputes when assessed comprehensively with relevant legal facts.