Consumer Legal Protection Against Standard Terms in Click-Wrap Agreements in E-Commerce Transactions in Indonesia

Abstract

The rapid growth of e-commerce in Indonesia has changed the way consumers enter into contractual relationships with business actors. One common mechanism is the click-wrap agreement, where consumers express consent by clicking an “agree” button before accessing services or completing transactions. This practice raises legal concerns because consumers often have limited bargaining power, limited opportunity to negotiate, and limited understanding of standard terms drafted unilaterally by business actors. This study aims to analyze the validity of click-wrap agreements under Indonesian contract law and determine the limits of enforceability of standard clauses that may harm consumers in e-commerce transactions. This research uses normative legal research with a descriptive-analytical approach. Legal materials consist of primary legal materials, including the Indonesian Civil Code, Consumer Protection Law, Electronic Information and Transactions Law, Government Regulation Number 71 of 2019, Government Regulation Number 80 of 2019, and related regulations, supported by secondary legal materials from books and scientific journals. The materials were collected through library research and analyzed qualitatively. The study finds that click-wrap agreements are valid as electronic contracts if they meet the requirements of lawful agreements, transparency, good faith, and contractual balance. However, standard clauses that shift liability, deny refunds, allow unilateral changes, or obscure consumer rights must be limited or declared legally void. The study recommends clearer contractual design, stronger supervision, and more accessible consumer remedies.