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p-Index From 2021 - 2026
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All Journal Journal of Law, Poliitic and Humanities
Taffy Faiq Syahmi
Universitas Dr. Soetomo
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Binding Power of Contracts Formed Through Click-Wrap And Browse Wrap Mechanisms in the Perspective of Indonesian Contract Law Taffy Faiq Syahmi; Subekti Subekti
Journal of Law, Politic and Humanities Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i4.3409

Abstract

The development of digital technology has encouraged the use of electronic contracts as a means of establishing legal relationships in online transactions. This study aims to analyze the validity and binding force of contracts formed through click-wrap and browse-wrap mechanisms in the legal perspective of Indonesian agreements. The research method used is normative juridical with legislative, conceptual, and case approaches. The results of the study show that electronic contracts are recognized and have legal force as long as they meet the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code and Law Number 1 of 2024 concerning Information and Electronic Transactions. The click-wrap mechanism has a stronger binding force due to the explicit consent through the affirmative action of the user. In contrast, browse-wrap faces the constraint of proving the deal because consent is only assumed from the use of the service. Therefore, legal certainty for electronic contracts requires transparency, good faith, and adequate consumer protection.
Co-Authors Subekti .