Journal of Law and Nation
Vol. 5 No. 1 (2026): Journal of Law and Nation

SYSTEMATIC LITERATURE REVIEW: EVALUASI YURIDIS KLAUSUL EKSONERASI DALAM KONTRAK BAKU E-COMMERCE

Dhika Fajri Ramadhan (Program Studi S-1 Ilmu Hukum, Fakultas Hukum, Universitas Pamulang)
Alfito Pragaswara (Program Studi S-1 Ilmu Hukum, Fakultas Hukum, Universitas Pamulang)
Naila Hairin Nisa (Program Studi S-1 Ilmu Hukum, Fakultas Hukum, Universitas Pamulang)
Agus Septima Ridwan (Program Studi S-1 Ilmu Hukum, Fakultas Hukum, Universitas Pamulang)



Article Info

Publish Date
12 Jun 2026

Abstract

This study aims to evaluate the validity of exculpatory clauses in standardized e-commerce contracts and to assess the civil liability of platforms under Indonesian legal norms. The core problem examined is the widespread inclusion of liability-waiver clauses within the terms and conditions of online shopping applications, which places consumers in a weak position and generates legal uncertainty. The method employed is a Systematic Literature Review of fourteen accredited national legal journal articles published over the past ten years, involving coding, synthesis, and normative assessment against statutory texts. The findings reveal an academic consensus that exculpatory clauses within the click-wrap mechanism violate the requirements for a valid agreement under Article 1320 of the Indonesian Civil Code because they arise from a defect of will through abuse of circumstances, while also contravening the prohibition in Article 18 of the Consumer Protection Law and are therefore void by law. Consequently, the platform still bears full liability based on breach of contract and must compensate the consumer's entire material loss. This study provides a firm juridical evaluation map for practitioners and academics regarding the liability limits of digital platforms in Indonesia.

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Journal Info

Abbrev

SOLICLAW

Publisher

Subject

Description

Focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal ...