Reconstruction of the Principle of Good Faith in Investment Cooperation Agreements Case Study of Default and Abuse of Condition Disputes

Abstract

Technological developments have driven a major transformation in the practice of civil legal relations, particularly in the field of contracts. Agreements previously made conventionally through physical documents are now often realized in digital form through online platforms, applications, and other electronic systems. This change raises questions regarding the status, validity, and binding force of digital agreements within the framework of Indonesian civil law, which still relies on the Civil Code. This study seeks to normatively examine the position of digital agreements based on the valid conditions of agreements in Article 1320 of the Civil Code, the main principles of contract law, and the regulation of electronic contracts in the Electronic Information and Transactions Law and its implementing regulations. In addition, this study also examines how electronic evidence such as digital documents, system logs, and electronic signatures are recognized and assessed for their evidentiary strength in civil disputes.

The study's findings indicate that digital agreements are, in principle, valid and binding, just like conventional agreements, as long as all elements are met and they do not conflict with the law. Consent through electronic means, such as clicking "agree" or using an electronic signature, can be considered a valid expression of will. However, challenges arise in protecting vulnerable parties and providing evidence, given that digital agreements generally take the form of standard clauses drafted unilaterally by business actors. While electronic evidence has been legally recognized, its implementation requires strengthening technical capacity and consistent judicial assessment. By understanding these dynamics, this study emphasizes the importance of strengthening technical regulations, improving the digital literacy of judicial officials, and implementing the principle of good faith to ensure legal certainty and justice in digital transactions in Indonesia.