Jurnal CENDIKIA ISNU
Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026

Regulatory Challenges of Electronic Agreements in E-Commerce Transactions in Indonesia: Towards an Adaptive Legal Framework

Zulfikri (Universitas Grenoble France)
Adlin Budhiawan (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 Sep 2026

Abstract

The development of e-commerce has changed the formation of contractual relationships through the use of electronic contracts, click-wrap agreements, standard contracts, and digital platforms. Although Indonesia has recognized the applicability of electronic contracts, the development of digital transactions raises issues regarding regulatory coherence, consumer protection, transparency of approval, and platform responsibility. This study aims to analyze the regulatory challenges of electronic agreements in e-commerce transactions  in Indonesia and formulate a legal framework that is adaptive to the development of digital technology. The research uses normative legal methods with legislative, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through regulatory gap analysis of contract law, electronic transactions, consumer protection, and trade through electronic systems. Research shows that the main problem lies not in the lack of legal recognition of electronic contracts, but in regulatory fragmentation, contractual imbalances, limited transparency of digital consent, and the lack of optimal construction of platform responsibilities. Indonesia's regulatory framework needs to shift from a formal approach to an adaptive approach that integrates legal certainty, regulatory coherence, substantive fairness, and digital accountability. There is a need for regulatory harmonization,  strengthening of informed digital consent standards, risk-based platform responsibility, effective recovery mechanisms, and periodic regulatory evaluation.

Copyrights © 2026






Journal Info

Abbrev

jcisnu

Publisher

Subject

Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...