Nusantara: Journal Law and Islamic Law
Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law

A Critique of Digital Consent and Freedom of Contract in Clickwrap Agreements

Ahmad Mubarak (Islamic State University Antasari Banjarmasin, Indonesia)



Article Info

Publish Date
11 Jun 2026

Abstract

This study critically examines the complex intersection of debtor default, personal data protection, and algorithmic governance within P2P lending platforms operating in Indonesia. Classical contract law under the Civil Code consistently fails to accommodate the structural asymmetries of digital agreements, wherein personal data is illegally weaponized as a de facto guarantee during default debt collection. Employing a normative legal methodology with both statutory and conceptual approaches, this paper systematically deconstructs the persistent illusion of preventive and repressive consumer protection mechanisms. The findings reveal that digital consent is systematically manufactured through predatory dark patterns, while existing dispute resolution frameworks remain slow against real time, irreversible social character assassination. Consequently, this study introduces the novel paradigm of integrated strict liability. This prescriptive model dictates that any algorithmic privacy violation by fintech platforms automatically forfeits their civil debt recovery rights, rendering the underlying electronic loan agreement null and void to definitively restore equity.

Copyrights © 2026






Journal Info

Abbrev

nusantara

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Nusantara: Journal of Law and Islamic Law is a peer-reviewed, open-access scholarly journal dedicated to the advancement of legal scholarship at the intersection of general law and Islamic jurisprudence. The journal aims to foster a rigorous intellectual dialogue between the unique legal traditions ...