<![CDATA[Indonesia’s growing digital economy has positioned marketplaces as market infrastructure that shapes transaction processes for millions of consumers and micro, small, and medium enterprises (MSMEs). An unresolved legal issue concerns the responsibility of marketplaces for ranking and recommendation algorithms that implicitly determine which sellers gain visibility and which are disadvantaged. This article aims to reconstruct the principle of intermediary liability through the concept of algorithmic accountability based on John Rawls’s theory of distributive justice and to propose legal instruments that address regulatory gaps in Indonesia. This research employed a normative juridical approach combining legislative, conceptual, philosophical, and limited comparative approaches. Primary and secondary legal materials were analyzed qualitatively to develop a coherent legal framework. The safe harbor doctrine underlying intermediary liability regulation in Indonesia is inadequate for addressing marketplace algorithmic power because it focuses primarily on third-party content rather than platform-generated automated decisions. The reconstruction through algorithmic accountability proposes independent algorithmic audits and the right to explanation as legal instruments, drawing on lessons from the Digital Services Act and Article 22 of the General Data Protection Regulation. The theoretical contribution of this article is to position algorithmic accountability as an independent legal object rather than merely a complementary principle and to extend the application of Rawls’s distributive justice from outcome-based justice to procedural justice. Therefore, intermediary liability should be assessed based on the procedural fairness of the distribution of market opportunities rather than solely on responsibility for third-party content.]]>
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