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