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Agus Mardianto
Jenderal Soedirman University
Law, Crime, Criminology & Criminal Justice Social Sciences

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Children's Privacy and Standard Clauses in Digital Services: A Substantive Justice Analysis Frida Nurrahma Masturi; Ajeng Aditya Listyani; Agus Mardianto
Jurist-Diction Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i2.87028

Abstract

The development of digital technology has made children active users of online services vulnerable to privacy violations due to standard clauses unilaterally drafted by service providers. This study aims to analyze the application of the principle of substantive justice in assessing standard clauses and forms of legal protection for children's privacy in the digital era. Using normative juridical methods and a conceptual approach, this study examines national regulations and international instruments related to child data protection. The results show that although Indonesia has a legal basis through the Child Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law, its implementation has not been effective due to weak oversight and the absence of age verification mechanisms and parental consent. Strengthening regulations based on substantive justice, the establishment of independent oversight bodies, and improving digital literacy are needed to realize fair and sustainable protection of children's privacy.
Co-Authors Ajeng Aditya Listyani Frida Nurrahma Masturi