Reframing Kausa Halal in Cross-Border E-Commerce: Doctrinal Revival and Regulatory Innovation in Indonesia's Digital Contract Law

Abstract

In Indonesia, the doctrine of kausa halal (lawful cause) remains a formal requirement for contract validity under both civil law and Islamic jurisprudence. However, in the context of cross-border e-commerce, the application of this doctrine has become increasingly fragmented and invisible. This article investigates the normative erosion of kausa halal in digital transactions and argues for its reconstruction as a cross-border regulatory filter rather than a purely doctrinal condition. Using a normative-comparative approach, the study examines Indonesian civil code provisions, Islamic commercial law, and the structural design of platform-based commerce. It reveals that global digital contracting mechanisms—such as clickwrap agreements and smart contracts—systematically displace moral review and jurisdictional safeguards. Drawing on comparative frameworks from the European Union, Malaysia, and the United Arab Emirates, the study proposes a harmonization model that reframes kausa halal through mandatory legal rules, platform-level compliance duties, interoperable halal certification systems, and smart contract design. The findings advocate for a doctrinal and institutional reconfiguration of lawful cause in Indonesian digital contract law, aiming to protect consumer rights, religious identity, and legal coherence in an increasingly borderless digital market.