Second, the difference with electronic contracts where there is still individual intervention in the process. In general, an electronic contract is defined as a contract made in electronic form. Electronic transaction activities result in an engagement or legal relationship electronically by combining a computer-based network with a communication system which is then facilitated by the internet or global network. The author argues that in the implementation ofsmart contract it will be safer if there is still manual intervention by humans to avoid losses in the future.
Third, The general purpose ofsmart contract is explained by Nick Szabo in a manuscript entitledsmart contract namely to carry out credible transactions without third-party intermediaries. The level of risk if there is no one to guide the process of forming an agreement will experience a problem with the content or clauses if it does not comply with the parties. The characteristics of the principle of freedom of contract according to Agus Yudha Hernoko are that they must determine or choose the clauses of the agreement to be made; determine the object of the agreement; determine the form of the agreement; and accept or deviate from the provisions of optional laws (aanvullend, optional). In this way, the determination of a clause or object of the agreement will provide legal certainty of what has been previously agreed.
Therefore,smart contractdoes not implement the principle of freedom of contract if there is no manual intervention by humans. The true essence of an agreement is a tool that leads to the success of mutually binding interests to achieve the appropriate goals from the beginning of the agreement. At least, with the parties interveningsmart contractwill allow changes or additions to the contents of the agreement clause
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