Lived Experiences of Standard Clauses in Digital Contracts Among Micro-Entrepreneurs
Main Article Content
Abstract
Digital civil contracts are increasingly prevalent in regulating economic interactions, particularly among micro and small business owners in developing economies. Despite the legal significance of standardized clauses in these contracts, limited attention has been given to how such individuals comprehend and experience the obligations involved. Prior research has primarily focused on normative legal analysis or assessments of legal literacy, leaving a gap in understanding the subjective experiences of contractual consent within digital environments. This study investigates how micro-entrepreneurs in Indonesia experience and make sense of standard clauses in digital contracts that they may not fully understand. Using an interpretative phenomenological approach (IPA), this research explores the lived experiences of business owners in navigating digital legal agreements. In-depth semi-structured interviews were conducted with twelve Indonesian micro-entrepreneurs, and data were analyzed using a multi-step IPA framework supported by qualitative software. The results reveal four key experiential themes: (1) habitual consent without comprehension, (2) emotional distress due to legal uncertainty, (3) perceived asymmetry in contractual power, and (4) informal coping strategies. These findings suggest that participants often engage in digital contracting as a necessary but psychologically burdensome act shaped by institutional trust and practical urgency, rather than legal clarity. Theoretically, this study contributes to socio-legal scholarship by foregrounding the phenomenological dimensions of digital legal engagement among legally vulnerable populations. The findings extend existing literature on legal consciousness and contract theory by highlighting how digital standard clauses are not only encountered cognitively, but also emotionally and culturally interpreted. This research calls for the development of more inclusive legal design and policy. Its implications are particularly relevant to digital contract reform efforts, advocating for culturally responsive and experientially informed interventions to protect micro-entrepreneurs.
Article Details
Section
This work is licensed under a Creative Commons Attribution 4.0 International License.
References
Alase, A. (2017). The interpretative phenomenological analysis (IPA): A guide to a good qualitative research approach. International Journal of Education and Literacy Studies, 5(2), 9–19. https://doi.org/10.7575/aiac.ijels.v.5n.2p.9
Creutzfeldt, N. (2021). Towards a digital legal consciousness? European Journal of Law and Technology. https://ssrn.com/abstract=4001546
De Filippi, P., & Hassan, S. (2018). Blockchain technology as a regulatory technology: From code is law to law is code. First Monday, 23(12). https://doi.org/10.5210/fm.v23i12.8438
Deng, Q. (2022). A study on the legal issues concerning standard contracts of e-commerce platforms. The Frontiers of Society, Science and Technology, 4(6), 23–29. https://doi.org/10.25236/FSST.2022.040604
Horák, F., Lacko, D., & Klocek, A. (2021). Legal consciousness: A systematic review of its conceptualization and measurement methods. Anuario de Psicología Jurídica, 31(1), 9–34. https://doi.org/10.5093/apj2021a2
Hu, Y., Liyanage, M., Mansoor, A., Thilakarathna, K., Jourjon, G., & Seneviratne, A. (2018). Blockchain-based smart contracts: Applications and challenges. IEEE Communications Surveys & Tutorials, 21(1), 326–350. https://doi.org/10.1109/COMST.2018.2843131
Möslein, F. (2023). Digitized terms: The regulation of standard contract terms in the digital environment. European Review of Contract Law, 19(1), 1–26. https://doi.org/10.1515/ercl-2023-2019
Pietkiewicz, I., & Smith, J. A. (2014). A practical guide to using interpretative phenomenological analysis in qualitative research psychology. Czasopismo Psychologiczne, 20(1), 7–14. https://doi.org/10.14691/CPPJ.20.1.7
Satory, A. (2025). Emotional meaning-making in legal consultants managing digital contract disputes: An interpretative phenomenological study. Hukmuna: Journal of Law and Policy, 1(5). https://journals.ai-mrc.com/hukmuna/article/view/359
Sidorova, E. (2020). Smart contracts in the new era of contract law. Digital Law Journal, 1(1), 39–52. https://www.digitallawjournal.org/jour/article/view/30/27
Smith, J. A., Flowers, P., & Larkin, M. (2009). Interpretative phenomenological analysis: Theory, method and research. Sage Publications.
Smith, J. A., & Osborn, M. (2008). Interpretative phenomenological analysis. In J. A. Smith (Ed.), Qualitative psychology: A practical guide to research methods (2nd ed., pp. 51–80). Sage Publications.
Tolmach, P., Li, Y., Lin, S.-W., Liu, Y., & Li, Z. (2020). A survey of smart contract formal specification and verification. ACM Computing Surveys, 53(4), 1–37. https://doi.org/10.1145/3391195
Vogl, R., & Casanovas, P. (2019). Legal tech, smart contracts and blockchain. In Legal Tech, Smart Contracts and Blockchain (pp. 1–12). Springer. https://doi.org/10.1007/978-981-13-6086-2_1
Wang, L. (1999). Analysis of provisions on standard clauses in the contract law. Journal of China University of Political Science and Law, 6, 45–52.