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Hidayatullah Hasanah
Fakultas Hukum Universitas Negeri Gorontalo

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KEABSAHAN TRANSAKSI GACHA DARI SUDUT PANDANG HUKUM PERDATA: ANALISIS PERBANDINGAN PERJANJIAN DENGAN UNSUR PERJUDIAN Hidayatullah Hasanah; Amanda Adelina Harun; Muhamad Khairun Kurniawan Kadir
Law Journal (LAJOUR) Vol 7 No 3 (2026): Law Journal (LAJOUR) September 2026
Publisher : LPPM Universitas Bina Insan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32767/lajour.v7i3.621

Abstract

 The development of digital gaming industry technology has given birth to a gacha-based microtransaction business that has sparked legal debate regarding its legitimacy due to its characteristics resembling gambling mechanisms. This study aims to dissect the legal qualifications of gacha transaction mechanisms according to Indonesian civil law and analyze the limits of their validity compared to the characteristics of gambling agreements in the Civil Code. The method used is normative legal research with a conceptual approach, legislation, and legal comparisons to international jurisdictions. The results of the study conclude that gacha transactions are a form of electronic contracts based on standard clauses that are formally valid through the click-wrap agreement mechanism, but the material validity of gacha transactions depends on the applied algorithm, a pure gacha system without guarantee limits meets the cumulative elements of gambling under Article 303 of the Indonesian Criminal Code so that it is legally void because it violates the conditions for a lawful cause based on Article 1320 of the Indonesian Civil Code. Gacha that applies a guarantee system or pity system legally shifts the essence of chance into a conditional contract that is valid under Article 1253 of the Indonesian Civil Code. The findings emphasize the importance of regulatory intervention to require performance guarantees in every opportunity-based digital transaction