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Digital Signature's Legal Position in Electronic Commerce (Indonesia's Evidence Law Perspective)

An innovative way of humans mind in realize trade as important aspect in promote economy has develop the face of trade itself. The existence of electronic commerce that combines technology and trade practice has emerged faceless trading. Ironically the emergence of cyber crime also develops rapidly. The existence of digital signature that reflects the practice of cryptography system still brings problems related to its validity as evidence especially in Indonesia's evidence law perspective. The aims of this paper are to analyze the presence of digital signature in electronic commerce and the burden of proof that applied over digital signature from Indonesia's evidence law perspective. The methods uses in this paper are conceptual and case approach. The result in this paper show that (1) the legal position of digital signature in Indonesia's evidence law may recognized as a new type of evidence as regulate in Law no 11 year 2008 on Information and Electronic Transaction and the nature of electronic commerce that in accordance with article 1320 Indonesia's civil code (2) Judge in applying digital signature burden of proof may use affidavit evidence and electronic testimony methods based on the practice of international space theory and the absence between party in contract theory.