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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Journal of Progressive Law and Legal Studies
Muhdar, Muh. Zulkifli
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Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Validity of Click-Wrap and Browse-Wrap Agreements in the Indonesian Agreement Legal System Arief, Anggreany; Muhdar, Muh. Zulkifli
Journal of Progressive Law and Legal Studies Том 3 № 03 (2025): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v3i03.2239

Abstract

The growth of electronic transactions in Indonesia has led to the emergence of various forms of digital agreements, including click-wrap agreements and browse-wrap agreements. Both types of agreements have become common legal instruments on digital platforms; However, their validity within Indonesia's contract law system remains a subject of academic and practical debate. This study aims to analyze the validity of click-wrap agreements and browse-wrap agreements in light of Article 1320 of the Civil Code, Law Number 11 of 2008 on Electronic Information and Transactions (EIT Law) and its amendments, and Law Number 8 of 1999 on Consumer Protection. The research employs a normative legal method using a statute approach and a comparative approach. The findings indicate that click-wrap agreements possess stronger legal force than browse-wrap agreements due to the explicit expression of user consent. Browse-wrap agreements occupy a legally vulnerable position because they do not adequately satisfy the element of mutual consent as required by Article 1320 of the Civil Code. This study recommends the establishment of more specific regulations governing minimum standards for digital agreements in Indonesia to provide legal certainty for businesses and consumers.
Integrating Local Wisdom and Waqf Regulation: Toward an Inclusive Governance Model of Indigenous Land-Waqf in Indonesia and India Salmawati, Salmawati; Muhdar, Muh. Zulkifli; Ezenduka, Uzodinma Yurriens
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 1 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no1.4842

Abstract

The integration of local wisdom and waqf practices is a critical issue in the legal and social development of multicultural countries such as Indonesia and India, where Islamic law, state law, and customary law often overlap, creating legal uncertainty, particularly for communal waqf land. Using a normative legal method with statutory and comparative approaches, this study finds that both countries practice legal pluralism: Indonesia excels in formal mechanisms through land certification and communal nadzir, while India demonstrates institutional robustness via the State Waqf Board. Building on these insights, the study proposes a dual-legitimacy governance model that integrates Islamic law, state regulations, and customary norms, emphasizing inclusive governance, customary-based mediation, and distributive justice to ensure both the sustainability of waqf assets and the welfare of indigenous communities.
Co-Authors Arief, Anggreany Ezenduka, Uzodinma Yurriens Salmawati Salmawati, Salmawati