ASAS KESEIMBANGAN DALAM DIGITAL CONTRACT OF ADHESION PADA PERJANJIAN KEMITRAAN GOJEK SEBAGAI UPAYA PERLINDUNGAN DAN PERWUJUDAN KEADILAN BAGI MITRA

This study aims to analyze the conformity of Gojek Partnership Agreement as a digital contract of adhesion with the principle of equilibrium according to Indonesian civil law and formulate ways to realize it. This study employs normative juridical method with statute and conceptual approaches, primary legal materials consisting of the Indonesian Civil Code, Consumer Protection Law, Minister of Transportation Regulation Number 12 of 2019, and Gojek Partner Terms of Use, secondary legal materials consisting of literature and journals, legal material collection techniques through library research and document study, and qualitative analysis techniques with descriptive-analytical method.The research results show that Gojek Partnership Agreement does not comply with the principle of equilibrium in three aspects. First, the take it or leave it format closes negotiation space, so that "free consent" under Article 1320 of the Civil Code is not substantively fulfilled. Second, there are five problematic clauses: unilateral amendments (Article 22 paragraph 9), tariff determination with absolute discretion (Article 8 paragraph 4), irrevocable power of attorney (Article 8 paragraph 18), balance freezing without due process (Article 8 paragraph 15 letter e), and extreme limitation of liability (Article 11 paragraph 6), which contradict Article 1338 of the Civil Code, Article 18 of Consumer Protection Law, and Minister of Transportation Regulation Number 12 of 2019. Third, dispute mechanisms are internally dominant without adequate checks and balances. The principle of equilibrium can be realized through procedural equilibrium (30-day notice of changes and opt-out rights), substantive equilibrium (reformulation of five clauses with tariff transparency and elimination of exoneration clauses), and implementation equilibrium (strengthening tiered dispute mechanisms with supervision by the Ministry of Transportation).