The Click That Binds: Dark Patterns and Consent Paradox in Indonesian Electronic Contracts

Abstract

The rise of digital transactions has shifted contract formation towards electronic clickwrap agreements. Nonetheless, the appearance of dark patterns manipulative interface designs that influence consumer choices poses a threat to the core principle of consensus ad idem (mutual agreement). This research examines the line between formal agreements and true consent in online contracts affected by dark patterns, exploring their impact on the principle of consensualism in Indonesian contract law. Employing legislative, conceptual, and comparative legal methods, the findings highlight a paradox: although a consumer's click may be legally binding, digital mechanisms can subtly distort free will, effectively creating a modern version of will. While many advanced nations have established supervisory tools, Indonesia's existing legal framework currently lacks specific regulations against dark patterns. Ultimately, Indonesia's digital contract law should evolve from emphasising formal agreements to ensuring substantive, informed consent. This study introduces the "Digital Will Legitimacy Test," focusing on three key indicators: proper information disclosure, autonomous will, and genuine consent.