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Maulana Nurdin Hasibuan
Universitas Islam Negeri Sumatera Utara, Indonesia

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Reconstruction Of The Concept Of Will Defect (Wilsgebreken) In The Era Of Digital Contracts: A Study On Manipulative Design Practices And Algorithmic Nudging On E-Commerce Platforms Maulana Nurdin Hasibuan; Akmaluddin Syahpputra
LEGAL BRIEF Vol. 15 No. 3 (2026): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v15i3.1672

Abstract

The rapid development of e-commerce in Indonesia brings new legal issues related to the validity of electronic contracts. The practice of manipulative design (dark patterns) and algorithmic nudging on e-commerce platforms has the potential to influence consumers' free will in giving consent. This research analyzes the relevance of the concept of defect of will (wilsgebreken) in Articles 1321-1328 of the Civil Code to these practices, identifies existing regulatory weaknesses, and formulates a model for reconstructing the concept of defect of will for the digital contract era. The research method used is normative juridical with legislative, conceptual, and comparative approaches. The research results show: (1) the traditional concept of defects of will (dwaling, dwang, bedrog) is inadequate to accommodate forms of systematic and programd digital manipulation; (2) there is a legal vacuum in the ITE Law, Consumer Protection Law, and PMSE Government Regulation that has not explicitly regulated manipulative design; (3) a reconstruction of the concept of defects of will is needed by adding a new category of "digital manipulation" (digitale manipulatie) that includes the exploitation of cognitive weaknesses thru interface design and algorithms. The research recommends amending the Civil Code to accommodate digital defects of will, issuing specific regulations prohibiting dark patterns, and adopting best practices from the European Union's Digital Services Act