Hak-Hak Pengguna Dalam Click-Wrap Agreements: Prinsip Quasi Ex Contractu Sebagai Alternatif Perlindungan Hukum

Abstract

In the digital era, technology accelerates processes and enhances effectiveness, transforming the traditional documentation of agreements on white paper to electronic formats. Three forms of electronic agreements exist: (a) contracts conducted through websites, (b) contracts involving electronic data interchange, and (c) Click-Wrap Agreements. The latter is particularly intriguing, where buyers electronically consent by clicking "I Agree" or "I Accept," signifying their understanding of the terms. Even if a consumer agrees without reading, they remain bound by the terms. To counter potential unfair enrichment through Click-Wrap Agreements, the Quasi Ex Contractu principle offers a solution. This principle obliges the unfairly enriched party to compensate for losses incurred by the affected party. The research focuses on understanding the Quasi Ex Contractu and Ex Contractu principles and how the former can serve as an alternative legal protection for consumer rights in Click-Wrap Agreements. This study aims to educate the Indonesian public about the Quasi Ex Contractu principle as a safeguard for consumers, providing a basis for aggrieved parties to seek restitution for losses from Click-Wrap Agreements. The researchers recommend establishing clear legal policies to protect consumers in Click-Wrap Agreements and increasing public awareness about the importance of reading electronic agreement content before committing.