Jurnal Hukum Novelty
Vol. 17 No. 1 (2026)

Mandatory arbitration clause vs consumer class action: Circumvention of consumer’s access to justice in Indonesia

Annisa Syaufika Yustisia Ridwan (Universitas Gadjah Mada, Indonesia)



Article Info

Publish Date
16 Apr 2026

Abstract

Introduction to the problem: The emergence of the mandatory arbitration clause in consumer contracts raises the issue of consumer access to justice, for it prevents consumers from filing claims in general court. This practice might potentially close the opportunity for consumers to file a class action claim. Purpose/Study Objectives: This article aims to analyse how the mandatory arbitration clause threatens consumer access to justice, especially the future opportunity to file a class action. Since the Constitutional Court decision favoured freedom of contract and arbitration clauses, this article will attempt to find the possible approach to protect consumers amidst the practice of mandatory arbitration clauses. Design/Methodology/Approach: This paper uses a normative approach, and the data used in this paper are secondary data that consist of legal materials such as statutes, regulations, case law and doctrines. Findings: Mandatory arbitration clause poses threat to consumer access to justice. It limits the procedural right of the consumer to file a class action claim in a general court, while the current arbitration system chosen by the corporation in the clauses has a huge barrier for the consumer to access. The possible approaches to protect consumers are by challenging the validity of arbitration agreements through the undue influence doctrine and by establishing a more consumer-friendly arbitration body. Paper Type: Research Article

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Journal Info

Abbrev

Novelty

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Novelty (ISSN 1412-6834 [print]; 2550-0090 [online]) is the Journal of Legal Studies developed by the Faculty of Law, Universitas Ahmad Dahlan. This journal published biannually (February and August). The scopes of Jurnal Hukum Novelty are: Constitutional Law, Criminal Law, Civil Law, ...