Media Iuris
Vol. 9 No. 2 (2026): MEDIA IURIS

Application of the Principle of Freedom of Contract in the Form of Undue Influence Through the Imposition of Handling Fees on Shopee

Evi Kongres (Universitas Pelita Harapan)



Article Info

Publish Date
30 Jun 2026

Abstract

In the context of e-commerce, Shopee has introduced handling fees. When buyers seek information regarding this fee, they are informed that to avoid the handling fee, they must utilize the SeaBank payment method. This practice constitutes a form undue influence in contractual relations, emerging from a significant disparity in the bargaining power between the contracting parties. The absence of regulatory provisions governing the imposition of service or platform fees in existing legislation has facilitated irregularities in electronic contracts, placing buyers at a disadvantage. This study addresses the legal challenges of handling fees. This study adopts a normative legal research methodology. This research also uses legal concepts, principles and theories to analyze the legal issues and laws and regulations. The data was processed using a descriptive qualitative method. The findings of this research indicate that the unrestricted application of the principle of freedom of contract often results in standardized terms in electronic contracts. These standardized terms disproportionately favor the parties with greater bargaining power, thereby exacerbating the vulnerability of weaker parties. Consequently, this study underscores the necessity for legal protection through preventive measures, primarily in the form of legislative intervention.

Copyrights © 2026






Journal Info

Abbrev

MI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Media Iuris E-ISSN (2621-5225) is an open-access-peer-reviewed legal journal affiliated with the Faculty of Law of Airlangga University, which was published for the first time in 2018 in the online version. The purpose of this journal is as a forum for legal scholars, lawyers and practitioners to ...