Analisis Yuridis terhadap Kepastian Hukum Smart Contract dalam Transaksi Lintas Negara dalam Perspektif Hukum Perdata Internasional

Abstract

The development of blockchain technology has significantly transformed contractual practices through smart contracts, digital agreements that automatically execute terms without the need for intermediaries. This innovation provides high efficiency, security, and transparency in contract execution, yet simultaneously raises legal challenges regarding certainty, particularly in cross-border transactions where jurisdictions, legal systems, and regulations vary. This study aims to analyze the legal certainty of smart contracts from the perspective of Private International Law, focusing on principles of contractual validity, choice of law, and recognition of electronic agreements across jurisdictions. The method used is normative juridical with conceptual and statutory approaches, allowing in-depth examination of legal doctrines, national regulations, and relevant international instruments. Findings reveal that smart contracts can be legally recognized if they fulfill the elements of party consent, clear object, and compliance with domestic laws. Nevertheless, challenges arise in determining the applicable law, cross-border dispute resolution mechanisms, and the interpretation of digital code as the manifestation of legal intent. Therefore, an adaptive international legal framework is necessary to ensure legal certainty and protection for parties engaged in cross-border digital transactions while supporting the rapid development of contractual technological innovation.