Good Faith in Electronic Contracts and Online Consumer Protection: A Normative Study

Abstract

The rapid growth of electronic commerce has significantly transformed contractual practices by increasing efficiency and accessibility, while simultaneously generating complex legal challenges related to fairness and online consumer protection. One of the central issues arising from electronic contracts is the effective application of the principle of good faith, which traditionally functions as a fundamental norm to ensure justice, balance, and trust in contractual relationships. In digital transactions characterized by standard-form contracts, information asymmetry, anonymity, and limited bargaining power, consumers are often placed in a structurally vulnerable position. This article aims to examine the existence and legal recognition of the principle of good faith in electronic contracts within the Indonesian legal system and to analyze its role in strengthening online consumer protection. Employing a normative legal research method, this study analyzes statutory regulations, legal doctrines, and principles governing contract law, consumer protection, and electronic transactions, supported by relevant scholarly literature. The findings reveal that the principle of good faith is formally recognized in various Indonesian legal instruments, including the Civil Code, consumer protection legislation, and laws on electronic transactions. However, its practical application remains inconsistent due to the absence of a clear doctrinal formulation specific to digital contracts, weak law enforcement, jurisdictional challenges in cross-border transactions, and the persistent use of non-transparent standard clauses. These limitations undermine contractual fairness and weaken consumer protection in the digital marketplace. This study concludes that reinforcing the principle of good faith through clearer regulations, stronger institutional oversight, enhanced consumer legal literacy, and international cooperation is essential to promote fairness, balance, and justice in electronic contractual relationships.