Reconstructing Civil Law in Addressing Digital Contract Disputes within the Technology-Based Economic Ecosystem Dikha Anugrah
a) faculty of law Universitas Islam Bandung
b) Faculty of law Universitas Kuningan, Jalan Cut Nya Dhien no 36A Kuningan
Abstract
The transformation of the digital economy has generated various new forms of legal relationships, such as online affiliate schemes, referral-based applications, and automated trading platforms. This development has led to a new typology of complex civil disputes, particularly involving concealed breaches of contract and torts hidden behind electronic contracts, user consents, and ambiguous digital legitimacy frameworks. These phenomena challenge traditional legal assumptions regarding contractual fairness, consent, and legal responsibility in digital transactions. This study aims to examine the limitations of existing civil law instruments in providing legal certainty and protection for parties harmed in digital interactions. The research employs a normative juridical approach by analyzing the Indonesian Civil Code, the Consumer Protection Act, the Personal Data Protection Law, and selected actual case studies. The findings indicate that current civil law mechanisms face significant challenges in dealing with digital contracts, especially in evidentiary standards aspects, inequality between contracting parties, and interpretation of standard clauses. In addition, imbalance of bargaining power and the opaque nature of digital consent further complicate legal protection framework. Therefore, it is necessary to strengthen civil law construction to adapt to technological dynamics, ensuring contractual justice, balanced legal relationships, and effective consumer protection within the digital economic ecosystem.
Keywords: Civil Law, Consumer Protection, Digital Economy, Digital Contract, Civil Dispute, Breach of Contract
Topic: Law and Ethics in Terms of Islamic Perspective
