AUTO AGREEMENT AND CONSENT VALIDITY IN E-TRANSACTIONS UNDER INDONESIAN LAW

Abstract

The digital transformation has introduced new forms of legal agreements, most notably through automatic consent mechanisms commonly seen in the form of “click to agree” on terms and conditions in digital services. Despite their prevalence, the extent to which these auto agreements comply with the principles of contract law remains underexplored. This study examines the validity of auto agreements within Indonesia’s digital contract framework, with particular focus on the requirements of contract formation under the Civil Code and the relevant provisions of the ITE Law, Government Regulation No. 71 of 2019, and the PDP Law. Using a normative juridical approach, the research finds that while auto agreements are typically standardized and non-negotiable, they can be legally enforceable if they meet the “mutual consent” requirement in Article 1320 of the Civil Code and adhere to statutory obligations on transparency and fairness. The PP PSTE and the amended ITE Law provide specific regulatory standards for standard clauses in digital contracts, while the PDP Law imposes strict conditions for explicit and informed consent in data processing clauses. The findings suggest that improving digital contract literacy, encouraging user engagement with key terms, and ensuring accessible dispute resolution mechanisms are essential to protect user rights. Within Indonesia’s legal system, auto agreements maintain their enforceability when aligned with the principles of equity, transparency, and informed consent.