PERLINDUNGAN HUKUM BAGI PARA PIHAK TERHADAP IMPLEMENTASI SMART CONTRACT DALAM TEKNOLOGI BLOCKCHAIN DITINJAU DARI HUKUM POSITIF

Advances in technology have changed the nature of contracts and encouraged a shift from traditional paper-based contracts to electronic contracts, one of which is smart contracts. Given the great potential of smart contracts in facilitating business transactions and agreements, as well as the legal risks that may arise, it is important to conduct an in-depth study of how Indonesian positive law can provide legal protection for parties in the implementation of smart contracts. The purpose of this research is to find out the positive laws governing smart contracts on blockchain technology and to find out the legal protection for the parties to the implementation of smart contracts on blockchain technology. Researchers use normative legal research specifications with secondary data sources, carried out by examining various kinds of formal legal rules such as laws, government regulations, ministerial regulations, and theoretical literature related to the problems that are conceptual discussions. The results show that there is a legal vacuum in regulating smart contracts, thus creating legal uncertainty, especially in the aspects of preventive and repressive legal protection. A clear and comprehensive legal framework is needed in regulating the legal existence of smart contracts in Indonesia, including in accommodating the unique characteristics of smart contracts and in handling smart contract disputes.