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VOL. 8, ISSUE 2 (2026)
Default in debt agreements through social media
Authors
Mareska Vitria Wakang, Sarah S Kuahaty, Marselo V G Pariela
Abstract
Changes in the times have changed the form of agreements which originally only contained written or oral, but now agreements using digital in the form of smartphone as new form in their business activities. Contracts or agreements new form now have been protected by Law Number 1 Year 2024 concerning Information and Electronic Transactions as the second amendment to Law Number 11 Year 2008, which is called ITE Law. In specific provisions, especially in Article 1 number 17, it is explained that electronic contract is agreement made by both parties which is used through electronic system. Electronic is defined as a collection of devices and procedures which aims to prepare, collect, process, analyze, store, display, announce, transmit, and/or distribute electronic information. Problems then arise when one of the parties does not carry out the performance as agreed, resulting in a default. This study aims to analyze the legal force of debt agreements made through social media and examine the legal consequences arising from the occurrence of default in the agreement. This research method employs normative legal research with a statutory and conceptual approach, utilizing primary, secondary, and tertiary legal materials, collected through literature studies, processed, and analyzed qualitatively.
The results indicate that debt agreements made through social media remain valid and legally binding as long as they meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code and the provisions regarding electronic transactions in Article 18 paragraph (1) of the ITE Law. Default in debt agreements made through social media has legal consequences in the form of the creditor's right to demand fulfillment of performance, compensation, cancellation of the agreement, and transfer of risk in accordance with civil law. Thus, agreements made through social media have the same legal force as conventional agreements and provide legal protection for the parties in the event of default.
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Pages:325-328
How to cite this article:
Mareska Vitria Wakang, Sarah S Kuahaty, Marselo V G Pariela "Default in debt agreements through social media". International Journal of Law, Policy and Social Review, Vol 8, Issue 2, 2026, Pages 325-328
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