Sonny Zulhuda: From the title of the Act (i.e. ‘UU-ITE’), one can tell that the law deals (primarily but not merely) on issues of electronic transactions. Like its counterparts in many other jurisdictions, the law has adopted major provisions of the model law on e-commerce issued by the United Nations Commission on International Trade Law (a.k.a. UNCITRAL). The thrust of e-commerce law, as mirrored in the UNCITRAL model law and the Indonesian version, is the importance of recognizing a functional equivalence of many aspects of e-transaction to those in traditional contracts. For example, the law should redefine the meaning of ‘document’, ‘message’, ‘originality’, and ‘signature’. Likewise, the law should also eliminate legal doubt in relation to time and place of despatch/agreement, delivery, evidentiary value, communication and applicable law and courts for the transactions that are electronically executed.
On the issues above, we highlight what the Act has to say about the electronic information, electronic document and e-signature, and most importantly, their legality and admissability: