THE FUTURE OF ONLINE DISPUTE RESOLUTION: BUILDING A FRAMEWORK FOR E-COMMERCE DISPUTE RESOLUTION IN INDONESIA
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Abstract
There was a legal issue, the gap between e-commerce dispute resolution (das sollen) in the Act and its implementation in the field (das sein). E-commerce disputes required a resolution, such as Online Dispute Resolution (ODR). ODR hasn't conducted a face-to-face method, low cost, and covers wide areas. However, ODR wasn't regulated in a "lex specialis" for its implementation. This study discussed several business settlement problems through ODR. Besides, the implementation of the prospect of ODR as a new form of construction of e-commerce transaction dispute resolution in Indonesia. This study provided an understanding of ODR and how the law used to mediate community disputes by using the internet as an alternative possibility to resolve conflicts in society in Indonesia. This paper described the probabilities and challenges of implementing ODR. This paper was normative juridical research which was collected through literature study. The research analysis used a statute approach and a comparative approach. The results showed the mechanism of ODR solved the e-commerce dispute. ODR's execution was in line with the trade sector development. ODR regulated for provided and supported the consumer protection law in Indonesia. ODR regulations in Indonesia should be regulate explicitly to provide legal certainty for the community.
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