Tanda Tangan Elektronik Dalam Kontrak Bisnis Internasional

An International business contract is a common guideline for the parties to bind themselves to certain rights and obligations across national boundaries. These guidelines are usually closely related to trade transactions, which at present can be carried out remotely or electronically. The process of electronic commerce was a means of transactions without face-to-face between buyers and sellers until the emergence of electronic signatures. The institution that until now has played a role in harmonizing the law of electronic commerce transactions is the United Nations Commission on International Trade Law (UNCITRAL), which is a subsidiary organ of the United Nations (UN). Special arrangements for electronic signatures Internationally are found in the UNCITRAL Model Law on Electronic Commerce 1996 and the UNCITRAL Model Law on Electronic Signature 2001. Judging from the formation of these International regulations, this indicates that the International community is in dire need of regulations that are by technological developments, especially in the field of transactions. - International trade transactions. This study uses secondary data collected through the literature study method. The issue raised is how International contract law regulates electronic signatures and how is the legal protection for users of electronic signatures. From these two questions, it was found that the two Model Laws from UNCITRAL were not binding on the state. The state is free to follow the entire contents of the rules, in part, or even reject the whole. Model Law is a guideline to assist countries in making their national laws. Furthermore, the rules made by the ICC, ICSID, and UNCITRAL are believed to be able to solve problems related to International business contracts, including the topic of electronic signatures. Although the Model Law has also discussed how electronic signatures can apply to support electronic commerce

Legal Certainty of Cabotage Principle Regarding Sea Transportation in Indonesia

Shipping between domestic ports must be transported by ships with Indonesian flags and operated by national shipping companies, meaning the cabotage principle. The aim is to prevent and reduce dependence on foreign ships carrying out Indonesia's maritime territory. However, in regulating and implementing the cabotage principle, it is not sure that it can be applied absolutely, which can be interpreted as not reflecting legal certainty. This study aims to analyze the legal certainty of implementation of the cabotage principle in Indonesian territorial waters. This research is a normative study that uses legal, historical, interpretation and case approaches. The case and interpretation approaches are used to examine the cabotage principle concept in legislation and several relevant cases brought to Indonesian courts. The results shows that the regulation of the cabotage principle on sea transportation is found in the form of laws, presidential regulations, presidential instructions and ministerial regulations. However, in other various regulations, the cabotage principle does not apply absolutely (semi-protectionist) or inconsequently. On the one hand, this is because it prohibits foreign ships from operating in Indonesian territory to carry passengers and/or goods between islands or ports. On the other hand, foreign ships are allowed for other activities that do not include carrying passengers and/or goods with certain conditions and approval from the government. The application of the cabotage principle based on judges' considerations in cases submitted to the State Administrative, Supreme and the Constitutional Courts has fulfilled legal certainty according to the Shipping Law. However, the protection of national Shipping must be prioritized, and the use of foreign ships should be considerably tightened unless Indonesian-flagged vessels are not insufficiently available