Legality of Automated Decision-Making Clauses in Digital Standard Contracts

Abstract

This research seeks to answer two core questions: first, whether ADM clauses may be considered legally valid under Indonesian contract law; and second, whether such clauses comply with fairness principles when examined in light of regulatory developments in comparative jurisdictions. By employing a doctrinal method supported by comparative legal analysis, this study examines statutory provisions, scholarly interpretations, and relevant regulatory approaches from selected foreign jurisdictions. The findings aim to clarify the legal position of ADM clauses in Indonesia and to formulate normative recommendations for developing a more coherent regulatory framework. In doing so, this research contributes to ongoing discourse on strengthening user protection, promoting contractual fairness, and enhancing legal certainty in Indonesia’s evolving digital ecosystem.