VALIDITY AND CRIMINAL RISKS IN DIGITAL PROPERTY SALE AND PURCHASE CONTRACTS: A LEGAL PROTECTION STUDY FOR BUYERS IN INDONESIA IN THE DIGITAL ERA

Subekti¹, Fitri Ayuningtiyas², Nur Handayati³, Wa ode Maghfirah⁴, Elisabet Sabatini⁵

Abstract

The rapid development of digital technology has transformed business transactions, including property sales, which are now frequently conducted through digital contracts. While these contracts offer efficiency, speed, and accessibility, questions remain regarding their legal validity under Indonesian civil law and the extent of legal protection they provide to buyers. In practice, the transfer of land and building ownership still requires an authentic deed issued by a Land Deed Official (PPAT) and registration with the land office, meaning that digital contracts may only serve as preliminary agreements.

• This study aims to examine the validity of digital property sale contracts, identify potential criminal risks in electronic transactions, and propose comprehensive legal protections for buyers. Using a normative juridical method with statutory and conceptual approaches, the research analyzes provisions in the Indonesian Civil Code, the Electronic Information and Transactions Law (ITE Law), the Consumer Protection Law, the Personal Data Protection Law, and relevant legal doctrines.

Findings indicate that digital contracts are valid as long as they meet the requirements of Article 1320 of the Civil Code and are recognized as electronic evidence under the ITE Law. However, they cannot independently transfer ownership rights due to the PPAT deed requirement. Moreover, digital property transactions carry criminal risks such as fraud, falsification of electronic documents, misuse of personal data, and money laundering. Therefore, buyer protection should be reinforced through certified electronic signatures, transparent information standards, secure payment mechanisms (e.g., escrow), and effective criminal law enforcement.