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18 Contemp. Readings L. & Soc. Just. 1 (2026)

handle is hein.journals/conreadlsj18 and id is 1 raw text is: Contemporary Readings in Law and Social Justice ISSN: 1948-9137, e-ISSN: 2162-2752 Vol 18 (01), 2026 pp. 1 - 18 Reframing Kausa Halal in Cross-Border E-Commerce: Doctrinal Revival and Regulatory Innovation in Indonesia's Digital Contract Law Andrie Gunawar Setiyonol, Prof. Dr. Sadjijono2, Dr. Jonaedi Efendi3 landriegu1904@gmail.com, 2sadjijono@ubhara.ac.id, 3jonaediefendi@gmail.com Universitas Bhayangkara Surabaya 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. Keywords: Cross-Border Transactions, Digital Contract Law, E-Commerce, Indonesia, Islamic Law, Kausa Halal, Lawful Cause, Platform Governance Received: 27 November 2025 Revised: 29 December 2025 Accepted: 05 January 2026 INTRODUCTION In the evolving terrain of cross-border e-commerce and digital transactions, the classical doctrine of causa-the lawful and permissible basis of contractual obligations-faces renewed scrutiny. As digital trade becomes increasingly decentralized, transnational, and automated, the once-fundamental requirement of a valid causa in contract law has lost visibility, yet not relevance. In civil law systems such as Indonesia's, where Article 1320 of the Indonesian Civil Code (KUH 1 https://crlsj.com