Reconstruction of the Principle of Justice of Contract Law against the Imbalance of the Parties in Commercial Contracts

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Authors: Karolina Sitepu, Jimi Anugerah Gea, Ariston Halawa, San Putra Harapan Gulo, Senius Zega
Cited by: 0
References: 4

Abstract

The rapid development of digital technology has transformed contractual systems in global trade. This study analyzes and reconstructs the principle of justice in Indonesian contract law, particularly concerning bargaining power imbalances in digital commercial contracts. Using a normative juridical approach, it examines positive legal norms, legal principles, and contract law doctrines within the digital context. The findings show that Indonesian contract law has not fully realized substantive justice, as the principle of balance has not been adequately integrated with protections for weaker parties in digital contracts. Consequently, reinterpretation and restructuring of contract norms are necessary, with emphasis on algorithmic transparency, legal accountability of digital platform operators, and stronger protection in electronic contracts.

Fields of Study & Subjects

Indonesian Legal and Regulatory Studies Digital Transformation in Law European and International Contract Law

Publication details

Journal / source
International Journal of Law Analytics
Volume
4
Issue
1
Pages
61–78
Publication date
1 March 2026
Language
EN