Keadilan Kontraktual dalam Fidusia Digital: Tantangan Perlindungan Hukum Debitur Generasi Z dalam Ekosistem Pembiayaan Berbasis Kontrak Baku

Abstract

The digital transformation of Indonesia's financing systems has driven the adoption of electronic fiduciary guarantees, particularly in consumer transactions involving Generation Z as primary debtors. While this digitalization promises service efficiency and speed—facilitated by Government Regulation No. 21 of 2015—its practical application raises serious challenges regarding contractual fairness and legal protection for debtors. Digital fiduciary agreements typically rely on standard contracts accepted electronically with no room for negotiation, creating a structural imbalance between creditors and debtors; the latter remain legally vulnerable despite their apparent technological savvy. Although the digital fiduciary system procedurally satisfies the principles of publicity and specialty—as affirmed by Constitutional Court Ruling No. 18/PUU-XVII/2019—its implementation often overlooks substantive transparency. Electronic fiduciary certificates lack detailed information, debtor consent is often merely formal rather than fully informed, and the execution of collateral is frequently carried out unilaterally, in contravention of the Constitutional Court's ruling.