Understanding the Research and Methodology Approaches

Oct 13, 2025 by windailys.com 14 views

Legal Analysis of Transactions that use Electronic Media to Buy and Sell Apartments and Villas (Decision Study No. 169/Pdt.G/2015/PN.DPS)

In today's digital era, buying and selling transactions of apartments and villas through electronic media, such as the internet and mobile phones, have become increasingly prevalent. This process makes it easy for parties to communicate and make payments without having to meet face-to-face. However, problems often arise when payments are made before the legal agreement in front of the authorized official. This is illustrated in Decision No. 169/Pdt.G/2015/PN.DPS, where there is disagreement regarding the object being transacted after the payment has been made.

Understanding the Research and Methodology Approaches

This study uses normative legal methods with descriptive analysis to examine the legal aspects of buying and selling apartments and villas through electronic media. The data collected consists of primary, secondary, and tertiary legal materials, and is supported by interviews with people who have been involved in electronic transactions in the purchase of apartments and villas. The data is then analyzed qualitatively, with conclusions drawn through deductive reasoning.

The Importance of Legal Certainty and Legal Protection

The results of this study show that legal certainty and legal protection for buying and selling apartments and villas in Indonesia still depend on several laws, including the Civil Code, Information Law and Electronic Transactions (ITE Law), and Law Consumer Protection Act. The legal certainty is based on Article 1320 of the Civil Code, which regulates the legal requirements of an agreement. However, the ITE Law is more focused on aspects when an electronic agreement occurs, electronic evidence, and the implementation of electronic certification, without providing clear guidelines on transactions of immovable objects such as apartments and villas.

The Case of Decision No. 169/PDT.G/2015/PN.DPS

In Decision No. 169/Pdt.G/2015/PN.DPS, the panel of judges only refers to Article 1320 of the Civil Code, although at the time this case the ITE Law has been applied. This decision shows that despite the development of regulations in electronic transactions, existing legal practices are still not fully adapted to the development of technology and the way new transactions. This highlights the need for a more comprehensive legal framework that takes into account the complexities of electronic transactions.

Conclusion and Recommendations

From the analysis above, it can be concluded that although there is a sufficient legal framework to support buying and selling transactions through electronic media, there are still gaps and legal uncertainty that need to be improved. Therefore, the recommendation for policy makers is to update the existing regulations to make it clearer to regulate the sale and purchase of immovable objects through electronic media. This will increase legal certainty and protection for consumers and provide clarity for business people.

The Benefits of a Comprehensive Legal Framework

Safe and regular transactions will not only increase public confidence in electronic transactions, but will also contribute to digital economic growth in Indonesia. A comprehensive legal framework will provide a clear and stable environment for businesses to operate, which will in turn attract more investment and create more job opportunities. Furthermore, it will also provide consumers with greater protection and confidence in making transactions through electronic media.

The Role of Technology in Electronic Transactions

The rapid development of technology has made electronic transactions more convenient and accessible. However, it also raises new challenges and complexities that need to be addressed. The use of electronic media in buying and selling transactions requires a more comprehensive legal framework that takes into account the complexities of technology and the way new transactions are conducted.

The Need for a More Comprehensive Legal Framework

The existing legal framework in Indonesia is still not fully adapted to the development of technology and the way new transactions are conducted. This highlights the need for a more comprehensive legal framework that takes into account the complexities of electronic transactions. A more comprehensive legal framework will provide a clear and stable environment for businesses to operate, which will in turn attract more investment and create more job opportunities.

The Benefits of a Clear and Stable Legal Environment

A clear and stable legal environment will provide businesses with greater confidence and stability, which will in turn attract more investment and create more job opportunities. It will also provide consumers with greater protection and confidence in making transactions through electronic media. Furthermore, it will also contribute to digital economic growth in Indonesia, which will in turn improve the overall standard of living of the people.

The Role of Policy Makers in Updating the Existing Regulations

Policy makers have a crucial role to play in updating the existing regulations to make it clearer to regulate the sale and purchase of immovable objects through electronic media. They need to work closely with stakeholders, including businesses and consumers, to ensure that the new regulations are clear, stable, and effective. This will require a more comprehensive and inclusive approach to law-making, which takes into account the complexities of technology and the way new transactions are conducted.

Conclusion

In conclusion, the analysis of transactions that use electronic media to buy and sell apartments and villas highlights the need for a more comprehensive legal framework that takes into account the complexities of technology and the way new transactions are conducted. A clear and stable legal environment will provide businesses with greater confidence and stability, which will in turn attract more investment and create more job opportunities. It will also provide consumers with greater protection and confidence in making transactions through electronic media.
Frequently Asked Questions (FAQs) on Legal Analysis of Transactions that use Electronic Media to Buy and Sell Apartments and Villas

In this article, we will address some of the frequently asked questions (FAQs) related to the legal analysis of transactions that use electronic media to buy and sell apartments and villas.

Q: What is the current legal framework for buying and selling apartments and villas through electronic media in Indonesia?

A: The current legal framework for buying and selling apartments and villas through electronic media in Indonesia is based on several laws, including the Civil Code, Information Law and Electronic Transactions (ITE Law), and Law Consumer Protection Act. However, the ITE Law is more focused on aspects when an electronic agreement occurs, electronic evidence, and the implementation of electronic certification, without providing clear guidelines on transactions of immovable objects such as apartments and villas.

Q: What are the challenges faced by buyers and sellers in buying and selling apartments and villas through electronic media?

A: The challenges faced by buyers and sellers in buying and selling apartments and villas through electronic media include the lack of clear guidelines on transactions of immovable objects, the risk of payment disputes, and the difficulty in verifying the identity of the parties involved.

Q: What is the role of the Information Law and Electronic Transactions (ITE Law) in regulating electronic transactions?

A: The ITE Law plays a crucial role in regulating electronic transactions by providing guidelines on the use of electronic signatures, electronic evidence, and electronic certification. However, the law is more focused on aspects of electronic transactions and does not provide clear guidelines on transactions of immovable objects such as apartments and villas.

Q: What are the benefits of a comprehensive legal framework for buying and selling apartments and villas through electronic media?

A: A comprehensive legal framework for buying and selling apartments and villas through electronic media will provide a clear and stable environment for businesses to operate, which will in turn attract more investment and create more job opportunities. It will also provide consumers with greater protection and confidence in making transactions through electronic media.

Q: What is the role of policy makers in updating the existing regulations to regulate buying and selling apartments and villas through electronic media?

A: Policy makers have a crucial role to play in updating the existing regulations to make it clearer to regulate the sale and purchase of immovable objects through electronic media. They need to work closely with stakeholders, including businesses and consumers, to ensure that the new regulations are clear, stable, and effective.

Q: What are the potential consequences of not updating the existing regulations to regulate buying and selling apartments and villas through electronic media?

A: The potential consequences of not updating the existing regulations to regulate buying and selling apartments and villas through electronic media include the risk of payment disputes, the difficulty in verifying the identity of the parties involved, and the lack of clear guidelines on transactions of immovable objects.

Q: What are the potential benefits of a clear and stable legal environment for buying and selling apartments and villas through electronic media?

A: The potential benefits of a clear and stable legal environment for buying and selling apartments and villas through electronic media include the attraction of more investment and the creation of more job opportunities, the provision of greater protection and confidence for consumers, and the contribution to digital economic growth in Indonesia.

Q: What is the role of technology in buying and selling apartments and villas through electronic media?

A: Technology plays a crucial role in buying and selling apartments and villas through electronic media by providing a platform for communication and payment between buyers and sellers. However, it also raises new challenges and complexities that need to be addressed.

Q: What are the potential risks of buying and selling apartments and villas through electronic media?

A: The potential risks of buying and selling apartments and villas through electronic media include the risk of payment disputes, the difficulty in verifying the identity of the parties involved, and the lack of clear guidelines on transactions of immovable objects.

Q: What are the potential benefits of buying and selling apartments and villas through electronic media?

A: The potential benefits of buying and selling apartments and villas through electronic media include the convenience and accessibility of the transaction process, the ability to communicate and pay securely, and the potential for greater efficiency and cost savings.

Q: What is the current status of the legal framework for buying and selling apartments and villas through electronic media in Indonesia?

A: The current status of the legal framework for buying and selling apartments and villas through electronic media in Indonesia is that it is still evolving and needs to be updated to provide clear guidelines on transactions of immovable objects.