The Effects of Digital Transformation In The Covid-19 Era Towards Elements of An Agreement
DOI:
https://doi.org/10.59888/ajosh.v1i11.77Keywords:
Transformation, Digital, Risk, AgreementAbstract
The development of Indonesia's digital transformation has a high potential for success due to the Indonesian people themselves possessing great interest in adapting to use of digital innovations. In promoting the development of information technology, the government, authorized institutions, companies and all parties involved must be aware of the rapidity with which access is expanded, as well as the accessibility of infrastructure and experts, to prevent disparities in information technology development among regions. Digital transformation is often used to facilitate the process of delivering information and communication between many parties so that the progress of a business, activity or plan can run more quickly. However, there are certain forms of development that can create high-risk legal relationships which generate controversy. Research on these models needs to be further undertaken to avoid contingencies, and the results will be discussed in this scientific paper. The method used in this research is normative based legal research. The research concluded that agreements are carried out after digital transformation is influenced by the subjects involved and related. It is essential for them to agree on how their agreement is made and will be performed as well as its substance. Good faith remains the foundation of the parties' commitment to achieve what they have agreed to. Subjects who act as users must comply with the terms of the agreement in entirety as the initial promisors, both on a practical level and in the "delivery" model, which is perilous for the subject who is the user
References
Atiyah, P. S. The Rise and Fall of Freedom of Contract. New York: Oxford University Press, 1985. https://doi.org/10.1093/acprof:oso/9780198255277.001.0001
Bansal, S, “Industry 5.0 – Next Generation Customer Experience Redefined?” LinkedIn. https://www.linkedin.com/pulse/industry-50-next-generation-customer-experience-redefined-bansal (accessed on 2 February 2023).
Central Bureau of Statistics. “Data on Information and Communication Technology Development Index (IP-TIK) in 2019”. https://www.bps.go.id/pressrelease/2020/12/15/1750/indeks-pembangunan-teknologi-informasi-dan-komunikasi--ip-tik--indonesia-tahun-2019-sebesar-5-32-pada-skala-0---10.html (accessed on 11 January 2023).
Central Bureau of Statistics. “Data on Information and Communication Technology Development Index (IP-TIK) in 2020”. https://www.bps.go.id/pressrelease/2021/08/18/1848/indeks-pembangunan-teknologi-informasi-dan-komunikasi--ip-tik--indonesia-2020-sebesar-5-59-pada-skala-0----10.html (accessed on 11 January 2023).
De Gregorio, Giovanni, “Digital Constitutionalism, Privacy and Data Protection”, Chapter in Digital Constitutionalism in Europe: Reframing Rights and Powers in the Algorithmic Society, Cambridge Studies in European Law and Policy. Cambridge: Cambridge University Press (May, 2022): pp. 216-272. https://doi.org/10.1017/9781009071215.007
Greg Smith, Raf Postepski, et al. “Driving adoption in digital transformation”. https://www.adlittle.com/en/insights/prism/driving-adoption-digital-transformation (accessed on 12 January 2023).
Iamiceli, P. “Online Platforms and the Digital Turn in EU Contract Law: Unfair Practices, Transparency and the (pierced) Veil of Digital Immunity”, European Review of Contract Law, Vol. 15, Issue 4 (November, 2019): pp. 392-420. https://doi.org/10.1515/ercl-2019-0024
International Telecommunication Union. “Individuals using the Internet”. https://www.itu.int/en/ITU-D/Statistics/Pages/stat/default.aspx (accessed on 11 January 2023).
Mertokusumo, S. Understanding Law: An Introduction. Yogyakarta: Liberty, 1986.
Rowland, D., et. al. Information Technology Law. New York: Routledge, 2017.
Rutgers, Jacobien and Wolf Sauter, “Promoting Fair Private Governance in the Platform Economy: EU Competition and Contract Law Applied to Standard Terms”, Cambridge Yearbook of European Legal Studies, Vol. 23 (December 2021): pp. 343–381. https://doi.org/10.1017/cel.2021.11
Skinner, C. Digital Human: The Fourth Revolution of Humanity Includes Everyone. Singapore: Marshall Cavendish, 2018.
Sudibyo, Agus. The Digital Universe: Liberation and Mastery. Jakarta: Gramedia, 2019.
Sunstein C. R. Republic.com 2.0. Princeton: Princeton University Press, 2007.
Suzor, N., “Digital Constitutionalism: Using the Rule of Law to Evaluate the Legitimacy of Governance by Platforms”, Social Media + Society, (July – September, 2018). https://doi.org/10.1177/2056305118787812
Zuboff, S. The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power. New York: Public Affairs, 2020.
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Imelda Martinelli, Samantha Elizabeth Fitzgerald
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International. that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.