Examption Clausses in Digital Business Contracts: An Analysis of Contractual Justice in the Platform Economy Era

The development of the digital economy through e-commerce platforms has encouraged the use of standard agreements as the primary instrument in digital business contracts. This practice has given rise to Examption Clausses unilaterally drafted by business actors and has the potential to create an imbalance in bargaining power between business actors and consumers. This study aims to analyze the characteristics of Examption Clausses in digital business contracts and their implications for contractual fairness in the platform economy ecosystem. The research method used is normative legal research with a statutory and conceptual approach. The results show that Examption Clausses in digital business contracts tend to reduce the substantive meaning of the principle of freedom of contract and weaken consumer protection due to the dominance of business actors in the contract formation process. Indonesian positive law, through Article 18 of the Consumer Protection Law, has established normative limits on Examption Clausses, but their implementation has not been fully effective in digital contract practice. This study concludes that Examption Clausses are only legally justifiable as long as they are drafted reasonably, proportionally, and based on the principle of good faith, and do not negate the balance of rights and obligations of the parties. Contractual fairness should be placed as the primary parameter in assessing the enforceability of Examption Clausses in digital business contracts.