INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS (IJEFE)
Vol. 2 No. 9 (2025): INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS (IJEFE)

CIVIL CONTRACTS IN THE DIGITAL ECONOMY: A LEGAL ANALYSIS OF ELECTRONIC CONTRACTS AND THE PROTECTION OF THE WEAKER PARTY

Gunawan Widjaja (Fakultas Hukum Universitas 17 Agustus 1945 Jakarta)



Article Info

Publish Date
17 Mar 2026

Abstract

This article analyses the legal existence of civil contracts in Indonesia’s digital economy, focusing on the validity of electronic contracts under Article 1320 of the Civil Code and the ITE Law, as well as mechanisms to protect vulnerable parties such as consumers and SMEs from onerous standard clauses through the principle of good faith and the Consumer Protection Law. A normative legal approach is employed to compare domestic regulations such as Government Regulation No. 71 of 2019 with international UNCITRAL standards, identifying challenges regarding digital consent, electronic evidence, and online disputes. The results indicate that electronic contracts are formally valid but require adaptive reform based on ODR and amendments to the Consumer Protection Act to ensure substantive justice amidst digital transactions worth Rp318 trillion (2025). Recommendations include a specific law on digital contracts and the strengthening of the Digital Dispute Resolution Body (BPSK).

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Journal Info

Abbrev

IJEFE

Publisher

Subject

Economics, Econometrics & Finance

Description

INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS (IJEFE) is a scientific journal that publishes articles in the field of Business and finance that contain conceptual ideas in the fields of Economics, Accounting, Management, Business and finance. The scope is Human Resource Management, Marketing ...