The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in Indonesia
The purpose of this study is to analyze the urgency of arrangements regarding Online Arbitration in dispute resolution on e-commerce transactions and to analyze the conceptualization of Online Arbitration in dispute resolution on e-commerce transactions. This research uses the statue approach to ana...
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International journal of multicultural and multireligious understanding
2021-08-01
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doaj-3f1bfd4ed3484de99fc4636860b4b0e62021-08-19T17:41:16ZengInternational journal of multicultural and multireligious understandingInternational Journal of Multicultural and Multireligious Understanding2364-53692364-53692021-08-018727828410.18415/ijmmu.v8i7.28471919The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in IndonesiaIrene Fransisca Liemanto0Siti Hamidah1Reka Dewantara2Brawijaya UniversityLecturer Faculty of Law, Brawijaya University, MalangLecturer Faculty of Law, Brawijaya University, MalangThe purpose of this study is to analyze the urgency of arrangements regarding Online Arbitration in dispute resolution on e-commerce transactions and to analyze the conceptualization of Online Arbitration in dispute resolution on e-commerce transactions. This research uses the statue approach to analyzing and tracing the regulations related to Online Dispute Resolution (ODR) and trade disputes. The legal material analysis technique was carried out by using the descriptive analysis method. ODR must have a clear legal basis. But in reality, in Indonesia until now the ODR does not have a legal basis even though in several laws and regulations it has opened opportunities for ODR to enter and also in article 72 paragraph (2) of the Government Regulation No. 80 of 2019 concerning Trade Through Electronic System states that settlement of disputes through electronic systems can be resolved via ODR. The ODR concept, especially online arbitration, which will be adopted by Indonesia, can be implemented by first reformulating existing regulations, particularly in Law No. 30 of 1999 concerning Arbitration and Other Alternative Dispute Resolution. By reformulating the rules contained in the Law, it can be used as a rule that also underlies the use of ODR in Indonesia. Incorporating the ODR concept into Indonesia is also carried out by making comparisons with other countries that have used it first so that Indonesia has an overview and inspiration in making the concept of ODR in Indonesia.https://ijmmu.com/index.php/ijmmu/article/view/2847online arbitratione-commerceonline dispute resolutionindonesia |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Irene Fransisca Liemanto Siti Hamidah Reka Dewantara |
spellingShingle |
Irene Fransisca Liemanto Siti Hamidah Reka Dewantara The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in Indonesia International Journal of Multicultural and Multireligious Understanding online arbitration e-commerce online dispute resolution indonesia |
author_facet |
Irene Fransisca Liemanto Siti Hamidah Reka Dewantara |
author_sort |
Irene Fransisca Liemanto |
title |
The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in Indonesia |
title_short |
The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in Indonesia |
title_full |
The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in Indonesia |
title_fullStr |
The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in Indonesia |
title_full_unstemmed |
The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in Indonesia |
title_sort |
urgency of regulating online arbitration in dispute settlement of e-commerce transactions in indonesia |
publisher |
International journal of multicultural and multireligious understanding |
series |
International Journal of Multicultural and Multireligious Understanding |
issn |
2364-5369 2364-5369 |
publishDate |
2021-08-01 |
description |
The purpose of this study is to analyze the urgency of arrangements regarding Online Arbitration in dispute resolution on e-commerce transactions and to analyze the conceptualization of Online Arbitration in dispute resolution on e-commerce transactions. This research uses the statue approach to analyzing and tracing the regulations related to Online Dispute Resolution (ODR) and trade disputes. The legal material analysis technique was carried out by using the descriptive analysis method. ODR must have a clear legal basis. But in reality, in Indonesia until now the ODR does not have a legal basis even though in several laws and regulations it has opened opportunities for ODR to enter and also in article 72 paragraph (2) of the Government Regulation No. 80 of 2019 concerning Trade Through Electronic System states that settlement of disputes through electronic systems can be resolved via ODR. The ODR concept, especially online arbitration, which will be adopted by Indonesia, can be implemented by first reformulating existing regulations, particularly in Law No. 30 of 1999 concerning Arbitration and Other Alternative Dispute Resolution. By reformulating the rules contained in the Law, it can be used as a rule that also underlies the use of ODR in Indonesia. Incorporating the ODR concept into Indonesia is also carried out by making comparisons with other countries that have used it first so that Indonesia has an overview and inspiration in making the concept of ODR in Indonesia. |
topic |
online arbitration e-commerce online dispute resolution indonesia |
url |
https://ijmmu.com/index.php/ijmmu/article/view/2847 |
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