Reconstruction of the Concept of Default in Online Sales and Purchase Agreements

Abstract

This article examines the reconstruction of the concept of wanprestasi (default) within online sale and purchase agreements by exploring the intersection between classical contract law theory and contemporary digital commerce practices. The study addresses the growing legal challenges arising from the unique characteristics of online transactions, including the anonymity of parties, information asymmetry, digital evidence, and platform-based contractual mechanisms. Using a qualitative socio-legal research method, the analysis integrates doctrinal perspectives on the elements and forms of default with empirical observations of dispute patterns found in e-commerce platforms. The findings reveal that traditional notions of wanprestasi centered on failure to perform, late performance, or improper performance are insufficient to address the complexities of online contractual relationships. The study proposes a conceptual reconstruction that incorporates digital obligations, platform accountability, and evidentiary standards adapted to virtual interactions. This reconstruction strengthens consumer protection, enhances legal certainty, and supports future regulatory development in Indonesia’s evolving digital marketplace.