Kedudukan Algorithmic Evidence dan Sengketa Smart Contract dalam Sistem Pembuktian Perdata: Proyeksi Transformasi E-Litigation melampaui HIR/RBg

Abstract

Indonesian civil procedural law still rests on colonial products, namely the HIR and the RBg, which adopt a closed and enumerative system of evidence binding judges to five recognised instruments under Article 164 HIR, Article 284 RBg, and Article 1866 of the Civil Code. While the Electronic Information and Transactions Law has extended valid evidence to electronic information and documents, and the Supreme Court has digitised litigation through e-court and e-litigation regulations, those reforms merely migrate physical files into digital form. This article argues that such digitisation does not answer two deeper problems generated by financial and contractual modernity. First, it analyses the status of algorithmic evidence and blockchain traces within an evidentiary regime designed for human-made documents, where authentication, integrity, and the opacity of algorithms strain existing categories. Second, it examines how a civil judge should adjudicate breach of contract over a self-executing smart contract that performs without human intervention, where the immutability of the executed transaction collides with classical remedies of rescission and damages. Using a normative juridical method with statutory, conceptual, and comparative approaches, the article concludes that genuine transformation requires reforming the evidentiary paradigm beyond HIR/RBg, establishing authentication standards, code-auditing expertise, and an e-litigation architecture capable of ingesting algorithmic and blockchain data rather than mere documents.