LEGAL BRIEF
Vol. 15 No. 3 (2026): August: Law Science and Field

Reconstruction Of The Concept Of Will Defect (Wilsgebreken) In The Era Of Digital Contracts: A Study On Manipulative Design Practices And Algorithmic Nudging On E-Commerce Platforms

Maulana Nurdin Hasibuan (Universitas Islam Negeri Sumatera Utara, Indonesia)
Akmaluddin Syahpputra (Universitas Islam Negeri Sumatera Utara, Indonesia)



Article Info

Publish Date
18 Aug 2026

Abstract

The rapid development of e-commerce in Indonesia brings new legal issues related to the validity of electronic contracts. The practice of manipulative design (dark patterns) and algorithmic nudging on e-commerce platforms has the potential to influence consumers' free will in giving consent. This research analyzes the relevance of the concept of defect of will (wilsgebreken) in Articles 1321-1328 of the Civil Code to these practices, identifies existing regulatory weaknesses, and formulates a model for reconstructing the concept of defect of will for the digital contract era. The research method used is normative juridical with legislative, conceptual, and comparative approaches. The research results show: (1) the traditional concept of defects of will (dwaling, dwang, bedrog) is inadequate to accommodate forms of systematic and programd digital manipulation; (2) there is a legal vacuum in the ITE Law, Consumer Protection Law, and PMSE Government Regulation that has not explicitly regulated manipulative design; (3) a reconstruction of the concept of defects of will is needed by adding a new category of "digital manipulation" (digitale manipulatie) that includes the exploitation of cognitive weaknesses thru interface design and algorithms. The research recommends amending the Civil Code to accommodate digital defects of will, issuing specific regulations prohibiting dark patterns, and adopting best practices from the European Union's Digital Services Act

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Journal Info

Abbrev

legal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This ...