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All Journal Yustisia Jurnal Pengabdian Hukum Indonesia
Admiral Admiral
Faculty of Law, Universitas Islam Riau
Law, Crime, Criminology & Criminal Justice Social Sciences

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Unfair Terms in Standard Digital Contracts: A Hidden Threat to Human Rights and Consumer Justice Admiral Admiral; Ridwan Arifin; Fadhel Arjuna Adinda; Souad Ahmed Ezzerouali
Yustisia Vol 14, No 3: December 2025
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v14i3.109656

Abstract

The rise of standard-form digital contracts, such as clickwrap and browsewrap agreements, has changed the way contracts work in the contemporary world by putting efficiency ahead of justice. These contracts make it easier to scale up and access. However, they often include provisions that are not changeable and are unjust, which makes meaningful consent, consumer autonomy, and legal justice less likely. This study examines to explore the legal, ethical, and human rights dimensions of standard form digital contracts. This study uses legal research with comparative analysis of regulatory frameworks and judicial practices in the European Union, the United States, and Indonesia. The study identifies recurrent unfair clauses, including unilateral limitation of liability, forced arbitration, unilateral modification of terms, and excessive personal data exploitation. The findings reveal that formal consent mechanisms in digital contracts often function as legal fictions that obscure structural power imbalances and enable systematic violations of consumer rights and fundamental human rights, particularly the rights to privacy, information, and effective legal remedy. This article also contributes to the development of contemporary contract law by advancing a rights-based and substantive fairness approach to digital contracting, emphasising human dignity, autonomy, and equitable power relations as core standards for assessing contractual validity in the digital economy
Indonesia’s Online Loan Challenges: What Legal Actions Can Solve the Most Pressing Issues? Admiral Admiral; Suparto Suparto; Esy Kurniasih; Selvi Afriani; John Woodward; Fadhel Arjuna Adinda
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.21959

Abstract

The rapid growth of online lending platforms in Indonesia has introduced significant challenges, particularly regarding predatory lending practices, lack of consumer awareness, and insufficient regulatory oversight. These challenges have raised concerns about consumer protection, the exploitation of borrowers, and the need for stronger legal frameworks to ensure fair and transparent lending practices. This paper explores the key legal and regulatory actions necessary to address these pressing issues. It examines the role of Indonesia's Financial Services Authority (OJK) in regulating online lenders and proposes potential improvements in licensing, supervision, and enforcement. The paper also suggests the introduction of clearer lending standards, such as interest rate caps and transparent fee structures, alongside stronger consumer protection laws to prevent harassment and over-indebtedness. Data privacy and security concerns are addressed, with a call for more robust protections around borrower data. Additionally, the paper advocates for financial literacy programs to empower borrowers with the knowledge to make informed decisions. The research contributes to the existing body of knowledge by providing an in-depth analysis of the legal gaps within Indonesia’s online lending market, offering comparative insights from other countries like India and the Philippines, and proposing actionable legal solutions. It also emphasizes the importance of integrating technology into the regulatory process to enhance oversight and consumer protection. Ultimately, this study aims to inform policymakers, regulators, and stakeholders in Indonesia’s fintech industry about the necessary legal reforms to create a more transparent, equitable, and secure online lending environment.
Co-Authors Esy Kurniasih Fadhel Arjuna Adinda John Woodward Ridwan Arifin Selvi Afriani Souad Ahmed Ezzerouali Suparto Suparto