The Perspective of the Principle of Proportionality on the Validity of Online Agreements

Abstract

The principle of proportionality is one of the important principles in the agreement. The development of online agreements makes the principle of proportionality an effort to test the validity of the agreement. This research is oriented to legal issues, namely the implementation of the principle of proportionality in assessing the validity of online agreements. This research is a legal research that focuses on normative analysis of a legal issue with the orientation of obtaining prescriptions from a legal issue. The approach used in this research is the conceptual approach and legislation. The primary legal materials in this study are the Civil Code, the secondary legal materials are books, articles, and research results related to the principle of proportionality and online agreements. Non-legal material is a legal dictionary. The results of the study confirm that the essence of the principle of proportionality is the balancing of positions in online agreements and the importance of the principle of proportionality as an assessor of the validity of the agreement that complements the provisions of Article 1320 of the Civil Code.