Consumer Protection and Digital Consent in Electronic Contracts: Legal Challenges for Indonesian E-Commerce

Abstrak

The advancement of information technology has significantly transformed business and consumer transactions, particularly through the proliferation of electronic contracts. This transformation has introduced legal challenges, including questions regarding the validity of clauses that limit business liability and the enforceability of digital agreements such as clickwrap agreements. This research evaluates the extent of legal protection afforded to consumers in relation to exoneration clauses within electronic contracts and analyses the application of valid contract principles in digital agreements under Indonesian law. Employing a normative-analytical approach, the study examines current legal literature and prevailing e-commerce practices. The objective is to offer new perspectives on balancing rights and obligations in digital contracts and to promote legal certainty in digital consent. The findings are intended to inform the drafting of regulations that enhance consumer protection in online transactions. These insights are essential for academics, policymakers, and businesses to ensure the validity and fairness of electronically executed contracts.