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Yunanto Yunanto
Faculty of Law, Universitas Diponegoro, Indonesia

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Notarial Authentication of Electronic Consumer Agreements: A Layered Trust Model for Digital Justice Dita Perwitasari; Budi Santoso; Yunanto Yunanto; Zainur Rahman; Nurul Hikmah
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p392-425

Abstract

Electronic consumer agreements are legally recognized but remain vulnerable to identity manipulation, opaque standard terms, unverifiable consent, fragile evidence, data-processing risks, and weak access to remedies. Existing scholarship commonly treats electronic signatures, consumer protection, and cyber-notarial development separately, leaving an institutional gap concerning how legal authenticity can protect consumers without imposing notarial form on ordinary digital commerce. Using normative legal research with statutory, conceptual, doctrinal, and functional-comparative approaches, this article develops a selective five-layer model of notarial authentication for high-risk electronic consumer agreements. The model integrates identity verification, meaningful-consent confirmation, content-integrity preservation, disclosure certification, and redress-oriented evidence custody. Its novelty lies in conceptualizing notarial authentication not as signature validation or mandatory notarization, but as a proportional, consumer-centered, evidence-oriented, and preventive-justice mechanism. The framework is intended for transactions presenting heightened indicators such as significant value, long-term obligations, embedded financing, cross-border elements, sensitive data, or clauses limiting consumer rights. Properly designed safeguards can strengthen consumer autonomy, privacy and informational self-determination, equality for vulnerable users, and access to effective remedies while preserving the efficiency of ordinary online transactions. The article concludes that regulatory clarification, procedural standards, professional competence, and institutional coordination are necessary to make selective electronic notarial authentication a credible trust infrastructure for digital consumer justice.