Dark Patterns in Digital Transaction: Challenges and Directions for Consumer Protection Regulation

Abstrak

The growth of the digital economy has increased the use of interface designs intended to influence consumer behavior, including dark patterns. These practices raise legal concerns because they can manipulate consumer choices, conceal material information, obstruct cancellation, and influence consent to personal data processing. This study aims to examine the limitations of consumer self-protection against dark patterns, their implications for consumer protection and collective welfare, and the adequacy of Indonesia’s legal framework in addressing these practices. The research employs a normative-juridical method using conceptual, statutory, and comparative legal approaches, examining Law Number 8 of 1999 concerning Consumer Protection, regulations on electronic transactions, and Law Number 27 of 2022 concerning Personal Data Protection, alongside empirical studies on dark patterns and consumer behavior. The findings indicate that consumers’ ability to recognize and avoid dark patterns remains limited because manipulation is embedded in digital choice architecture and can be intensified by algorithmic personalization. These practices may also undermine market trust, fair competition, and collective welfare. Indonesia’s current legal framework does not yet explicitly or comprehensively regulate dark patterns. Therefore, clearer prohibitions, fairer digital choice architecture, and risk-based regulatory oversight are needed to safeguard consumer autonomy and ensure fair digital transactions.