Claim Missing Document
Check
Articles

Found 2 Documents
Search

Dark Patterns and Consumer Welfare in Digital Banking Practices in Southeast Asia: A Study of Indonesia, Malaysia, and Vietnam Agustianto Agustianto; Nurlaily Nurlaily; Lu Sudirman; Nur Fatihah; Hari Sutra Disemadi
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14531

Abstract

Consumer welfare in digital banking environment has become increasingly important, as dark patterns have been observed to have continued to emerge in many digital spaces. This subtle yet dangerous modern iteration of old unethical trade practices presents a serious threat to growing economies like Indonesia, Malaysia, and Vietnam, that are increasingly reliant on digital banking services in daily life activities. This study employs the normative legal research method and comparative approach to assess the key legal implications of dark patterns on banking consumers’ welfare and how the existing relevant frameworks are responding to this significant threat. Analyses made throughout the study highlight that all three jurisdictions exhibit a bifurcated inadequacy where general consumer protection laws lack digital-specific application mechanisms, while banking regulations prioritize prudential soundness over interface-level manipulation. Despite the divergent nature of the gaps found, UI/UX interface regulation remains the biggest gap that all three countries are dealing with, which is the primary manifestation of dark patterns. The study recommends establishing mandatory interface design standards supervised by regulatory authorities capable of imposing ex ante structural obligations on banks, to ensure that consumer welfare remains the paramount importance in ever-so-essential digital banking services.
Unregulated Self-Preferencing in ASEAN Digital Platform Ecosystems Lu Sudirman; David Tan; Windi Afdal; Nur Fatihah; Rufinus Hotmaulana Hutauruk
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.810

Abstract

The rapid expansion of digital platforms in Southeast Asia has intensified concerns regarding self-preferencing practices within vertically integrated ecosystems, which often operate in opaque and difficult-to-detect forms. This study examines the inadequacy of existing antitrust frameworks in Indonesia, the Philippines, and Vietnam in addressing such anti-competitive conduct. The research aims to assess the normative sufficiency of these legal systems and identify regulatory gaps in tackling self-preferencing in digital markets. This study employs a doctrinal legal research method combined with a comparative approach. The findings reveal that all three jurisdictions face significant limitations, particularly due to the absence of explicit prohibitions on self-preferencing mechanisms to address algorithmic bias, particularly in its early stage. Indonesia demonstrates the most substantial deficiencies, while the Philippines and Vietnam offer relatively more flexible interpretative tools, albeit still insufficient in addressing the complexities of digital ecosystems. The study concludes that the current, primarily ex-post approach in the relevant frameworks needs to be supported by an ex-ante mechanism, which leads the study to recommend the introduction of explicit legal recognition of self-preferencing and expansion of vertical integration provisions, along with other safeguards to prevent further competitive damage from self-preferencing.