JURNAL USM LAW REVIEW
Vol. 8 No. 3 (2025): DECEMBER

Bad-Faith Practices in E-Commerce Standard Clauses and Their Impact on Consumer Protection

Rahma, Deva Aurelia (Unknown)
Sulastri Sulastri (Unknown)



Article Info

Publish Date
24 Dec 2025

Abstract

This study examines consumer legal protection concerning the application of standard clauses in e-commerce electronic agreements, which often create an imbalance of bargaining power between business actors and consumers. The research is motivated by the persistence of unfair standard clauses resulting from weak supervision and ineffective law enforcement, enabling bad faith practices by business actors. This study employs a normative juridical method using statutory, conceptual, and case study approaches to assess the effectiveness of consumer protection regulations in electronic transactions. The findings indicate that although courts tend to uphold business actors’ responsibility to provide honest and transparent information, the absence of effective preventive supervision mechanisms continues to undermine consumer protection. The novelty of this research lies in proposing a preventive oversight model through the pre-approval of standard clauses by competent authorities prior to the enforcement of electronic agreements, contrasting with prior studies that predominantly adopt reactive and evaluative approaches. This study concludes that implementing a pre-approval mechanism is essential to foster a fair and transparent e-commerce business environment and to strengthen comprehensive consumer protection in Indonesia.

Copyrights © 2025






Journal Info

Abbrev

julr

Publisher

Subject

Social Sciences

Description

Journal USM LAW REVIEW (JULR) is an academic journal for Legal Studies published by Master of Law, Semarang University. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches ...