LEGAL CONSEQUENCES OF MISUSE OF DIGITAL SIGNATURES IN BUSINESS TRANSACTIONS
DOI:
https://doi.org/10.29103/micolls.v3i-.342Keywords:
: Legal consequences, signature, business transactionsAbstract
A digital signature is essentially an electronic version of a traditional signature found on a physics document. In accordance with the ITE Law, a digital signature is a collection of electronic data that is connected, affiliated, or related to other electronic information. Its function is used as an authentication and verification method. The aim of this research is to examine the potential legal consequences arising from the use of inappropriate or unauthorized digital signatures in business transactions. This research uses normative juridical studies or uses library legal data. Library research is a study that focuses on users of secondary data or includes written legal norms and/or interviews with informants and sources. Regarding the legal impact of misuse of digital signatures in business transactions, it is important to remember that such misuse can result in losses for the person signing the document, it is important for them to comply with the requirements outlined in the relevant laws. In this case, a digital signature can be considered to have the same validity and legal consequences as a handwritten signature, provided that the identity of the individual associated with the digital signature is established with a high degree of certainty and that the signature itself was created, in accordance with article 27 verse (1), (2), (3) and (4) if related to Islamic law, where taking another person's rights without the owner's knowledge is an act that is prohibited by religion and is not recommended in the Shari'a.
References
Asnawi, H. E-Commerce Business Transactions from an Islamic Perspective. Moldings I, Yogyakarta: Magistra Insania Press, 2004.
Budiono, H. Collection of Civil Law Writings in the Field of Notary Affairs. Bandung: PT. Citra Bandung Aditya Bakti, 2007
Budhijanto, D. in IT Law., FCBArb. Indonesian Cyberlaw Revolution Update and Revision of the 2016 ITE Law, PT Refika Aditama. 2017.
Eddy O.S. Hiariej. Theory and Law of Evidence. Jakarta: Erlangga, 2012.
Makarim, E. Notaries and Electronic Transactions. Jakarta: Raja Grafindo Persada, 2013.
Makarim, E. Compilation of Telematics Law. Printing 1, Edition 1, Jakarta: Raja Grafindo Persada, 2003.
Hadikusuma, H. Methods for Making Legal Science Working Papers or Theses. Bandung: Mandar Maju. 1995.
Haris. Legal Aspects of Electronic Transactions in the Capital Market. Jakarta: Grasindo, 2000.
Ibrahim, J. Theory and Methodology of Normative Legal Research. Malang: Bayu Media, 2006
Ono W. Purbo and Wahyudi, A. Getting to Know E-Commerce. Jakarta: PT. Elex Media Computindo, 2007.
Marzuki, M. Legal Research. Jakarta: Raja Grafindo Persada, 2011.
Rick Wiebe, Jurisdiction. E-Commerce and The Law Seminar. Bandung: Citra Aditya, 2002.
Ridwan, Nur. M, & Sulaiman. Criminal Responsibility for Perpetrators of Hacking Crimes (Hackers) in Law
Number 19 of 2016 concerning Electronic Information and Transactions, Student Scientific Journal (JIM),
Vol. vi, Number 1, (January 2023): 113-123.
https://doi.org/10.29103/jimfh.v6i1.7007.
Saragih, M. Afrizal, T. & Herinawati, Implementation of Supreme Court Regulation Number 1 of 2019 concerning Electronic Administration of Cases and Trials in Court (Research Study at Lhokseumawe District Court). Vol. 5, Number 2, (April 2022): 52-63. https://doi.org/10.29103/jimfh.v5i2.7000.
Soerjono Soekanto and Sri Mamudji. Normative Legal Research A Brief Overview. Jakarta: Raja Grafindo Persada, 2001.
Sulma, K. Jamaluddin. & Rahman, A. The Validity of Electronic Signatures and Their Proof of Strength in Civil Procedure Law, Student Scientific Journal (JIM), Vol. V, Number 3, (November 2022): 29-38. https://doi.org/10.29103/jimfh.v5i3.7107.
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Raina Dahlia, Manfarisyah Manfarisyah, hamdani hamdani
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors retain the copyright and grant the proceeding the right of first publication. This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 that allows others to share the work with an acknowledgement of the Creative Commons Attribution-ShareAlike 4.0 that allows others to share work with an acknowledgement of the works authorship and initial publication in this proceeding.
All articles in this proceeding may be disseminated by listing valid sources, and the article's title should not be omitted. The content of the article is liable to the author.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the proceeding's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this proceeding.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) before and during the submission process, as it can lead to productive exchanges and earlier and greater citation of published work.
In the dissemination of articles, the author must declare the Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) as the first party to publish the article.
