Damanik, Fanuel Deardo Laurence and Prananingtyas, Paramita and Prananda, Rahandy Rizki (2026) JURIDICAL ANALYSIS OF THE USE OF DARK PATTERNS ON E-COMMERCE PLATFORMS AS A TOOL FOR UNFAIR BUSINESS COMPETITION STRATEGIES IN INDONESIA. _236 Dagang 2026. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

The development of e-commerce platforms has led to the use of dark patterns as interface designs that may influence user choices and competition. The research problem lies in the unclear application of Article 25 of Law Number 5 of 1999 to dark patterns on e-commerce platforms as a potential form of abuse of dominant position, as well as the absence of specific parameters for assessing their impact on competition. This condition creates uncertainty in determining the boundaries of dark patterns as a strategy of unfair business competition on e-commerce platforms. This research employs normative legal research using statutory, conceptual, and comparative approaches, with qualitative analysis of primary, secondary, and tertiary legal materials. The results show that Article 25 can encompass dark patterns through an effects-based approach, but its application remains reactive and case-dependent. Identification is conducted through six parameters, including dominant position, manipulative design, undue advantage, effects on visibility and market access, effects on competition, and efficiency justifications. Germany adopts an ex ante approach, while the United States emphasizes an ex post approach. Indonesia needs to strengthen Article 25 guidelines with proportional parameters for assessing dark patterns on e-commerce platforms.
Keywords : Dark Patterns, E-Commerce, Business Competition

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