Teknologi.id- In the digital age of social media and messaging apps, emojis have become an inseparable language of online conversations. Whether in formal or informal online conversations, the use of emojis never seems to be left behind.
However, the latest news indicates that an agricultural company in Canada was sued and ordered to pay almost IDR 1 billion after using the thumbs-up emoji to send messages. How come?
Also Read: These 4 Ways to Change Android Emojis to iPhone, You Know!
Yes, Archer Land & Cattle Ltd., a Canadian agricultural company, was sued and ordered to pay a fine of IDR 935 million after sending a thumbs-up emoji to its business partner.
According to a Reuters report, Chris Achter, as an agricultural company, gave a thumbs up in response to a photo of a 2021 hemp buyer’s contract.
The Guardian revealed that this case involved two companies, namely South West Terminal Ltd (SWT) and Archer Land & Cattle Ltd. Where SWT sued Achter for breach of contract and failure to deliver 87 tons of hemp containing various types of seeds. After sending the contract and receiving a thumbs-up emoji, Achter (Archer) did not send the goods according to the contract.
Achter (Archer) himself admitted that he never accepted the contract from the beginning, where he only tried to confirm the Flax contract instead of accepting the contract terms sent via the WhatsApp application. Achter (Archer) considers that the terms and conditions sent to it are not complete and assumes that SWT will provide further details by email.
Also Read: These 4 Ways to Change Android Emojis to iPhone, You Know!
Attorney Kent Mikleborough then asked Chris Achter if he had ever Googled the meaning of the thumbs-up emoji. The attorney then explained that the thumbs-up emoji is typically used to express approval and, therefore, the use of this emoji was considered to constitute approval of the hemp purchase agreement submitted by Kent Mikleborough.
Ultimately, the Canadian Court sided with Kent Mikleborough (SWT), arguing that extensive testimony from other parties showed that discussions about the contract had occurred previously, so conversations using the thumbs-up emoji were considered as a sign of agreement. .
The Canadian court found that Chris Achter had responded to the contract offer. Kent Mikleborough (SWT) contacted him because Chris had expressed interest in a hemp procurement contract through his father, Bob Achter. During the call, Kent and Chris discussed Rami’s contract.
Is this possible in Indonesia?
Illustration of a contractual agreement. Photo: Klédo
According to Ariana Novizas Shebubakar, a contract law expert and law lecturer at Al Azhar University of Indonesia, contractual agreements in Indonesia must be signed by the parties involved or through a power of attorney. While article 1320 of the Penal Code provides several conditions of agreement which must be met. From capable, consensual, halal causes, and certain things. Ariana explained that a deal here means having a signature or fingerprint on the contract, not just through emojis in email conversations.
“This is related to electronic approval. If you are outside, it can be considered valid because you have given your approval. But in Indonesia, the notary’s signature has not been validated electronically. Yet the concerned person must be present or provide a power of attorney. “, Arina told CNBC Indonesia.
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