This note discusses issues on electronic contract formation in
Indonesia and proving click wrap agreements.
Contract Formation under the Indonesian Civil Code
At the outset, it is necessary to understand the basic
requirements of contract formation in Indonesia.
The Civil Code in Article 1320 stipulates in the general term
that "there must be consent of the individuals who are
bound thereby". The Indonesian Civil Code does not
specifically stipulate paper documents or wet ink signatures. But
this is what the Indonesian courts have come to expect in order to
prove the existence of a contract.
The conventional view of a valid contract is therefore that
captured in a formal document with both parties appending their wet
ink signature onto a paper document. This view is not likely to
change in the near future. So, it will not be possible to apply
common law concepts of contract formation such as contract by
conduct or contract by correspondence - where the act of
