the Position of Online Dispute Resolution on Indonesian Positive Law
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The development of technologies brings immense change to various aspects in the life of modern society.Including the field of law that always follows the development of society, where the dynamics of the development of society help to bring modern legal reform in this case everything always using technologies. The use of technologies also penetrates up to the alternative dispute resolution pattern which begins to develop well. One of the impacts of technologies in the field of law can be seen from the creation of Online Dispute Resolution (ODR) also called as Internet Dispute Resolution (iDR), or also Electronic Dispute Resolution (eDR), Electronic ADR (sADR) till Online ADR (oADR). Basically, ODR has long been adopted by the west countries, like ICANN and European Commission. Indonesia itself is new to know the online dispute resolution or bias is called an online dispute resolution alternative. Why so, it is because there is no legal regulations that truly regulates the Online Dispute Resolution. Indonesia only has a few rules that discuss about ADR only, not with the online ADR. However the electronic or e –commerce transaction sites have long been implemented an online dispute resolution system to address disputes between the buyers/client and the sellers/dealers. Similarly PANDI uses an online dispute resolution system to resolve domain name disputes. When Indonesia has implemented an ODR system in its settlement disputes, so it’s certain that every dispute can be settled in concise, light cost and not waste a lot of time. We can imagine when the proof in court can be done at home through e-mail system, the execution of the court using video conference, as well as the court fees are awarded via transfer.Keywords:
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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.
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Scholars, judges, and the organized Bar have begun to see Online Dispute Resolution (ODR) as a partial answer to the “access to justice” problem faced by people of limited means, and even the “wave of the future” for most if not all forms of civil dispute resolution. Attracted by the possibility of faster, cheaper, and more convenient dispute resolution, companies, states of the union, and countries around the world now have begun to create ODR programs on a scale that makes the process, along with outsourcing, AI-based practice management software, and non-traditional legal service providers, one of the principal forces redefining the traditional practice of law. Often overlooked in this cost and convenience uber alles perspective is whether the cheap and efficient processing of disputes is a capitulation to the conditions of modern society more than a superior system for administering justice. Most ODR programs require parties to describe their claims in fixed, predefined categories that may or may not capture all of the claims’ dimensions; limit the opportunity to argue the substantive merits underlying the claims worth; and resolve differences on the basis of private software algorithms that raise fairness issues not present in dispute resolution systems run principally by humans. It’s a little too soon to know if this “wave” of the future breaks on the beach or the rocks.I discuss the foregoing issues in the following manner. In Part II, I provide a brief overview of ODR systems, describing the largest, most well known, and most sophisticated platforms now in place. In Part III, I describe certain legal, political, and moral concerns yet to be addressed in the ODR literature, and identify some of the unintended consequences the widespread adoption of ODR systems might produce. Finally, in Part IV, I describe the questions ODR proponents must answer, and the refinements they must make to existing models, if online systems are to satisfy the demands of state-sanctioned, public dispute resolution
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Online transactions has given rise to dispute and this has brought about the need to settle dispute efficiently and effectively over the internet. Internet complexity, length of time and expensive cost of civil litigation have over time discourages aggrieved parties in online business transaction from so. There was need that an alternative dispute resolution be in place to settle this dispute in a swift and more efficient way. The e-commerce however became a reason for what is now called online dispute resolution. It must however be noted that the online dispute resolution mechanism such as online mediation has not replaced the traditional face to face mediation rather it only consolidates the process by which disputes are settled. It has successfully utilized the advantages of technology by maximizing time, distance, cost of dispute settlement and other advantages which would later be discussed in this paper.
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The main objectives of this paper are to demystify cyberjustice, which is often referred to as online dispute resolution (ODR), and to document its early period. What does ODR really mean? What does it presuppose? The paper explains what information and communication technologies actually and potentially can bring to the administration of justice. It describes in accessible terms the nuts and bolts of online dispute resolution and relates the principal early ODR experiments. There are many areas in which cyberjustice can be used, but so far few have received concrete, sustained attention. Such attention could usefully be turned to the strong potential of ODR, which merits investigation. The strictly legal aspects of the phenomenon are also discussed. How can state law accommodate the role of the private sector in developing ODR? What are the legal obstacles to deploying ODR? The last section of the paper provides a detailed presentation of the first sui generis online arbitration system : the domain name dispute resolution application developed by eResolution.
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From the Publisher:
As anyone who has used the Internet knows, the active, lucrative, entrepreneurial world of Cyberspace is not without conflict. The extraordinary growth of online commerce and online transactions has generated many disputes. But at the same time, there are also resources online to deal with these problems -- resources that can even help us with problems that arise offline. Online Dispute Resolution is the first book to address the emerging practice of conflict resolution in Cyberspace. Dispute resolution experts Ethan Katsh and Janet Rifkin show how technology -- in the form of online resources -- can take on the role of a fourth party, working with and assisting the traditional third in settling conflicts more efficiently.
Katsh and Rifkin examine the recent history of online dispute resolution (ODR) and detail the basic goals and qualities of any ODR system. They show how to use ODR as a supplement to dispute resolution that occurs mainly offline, as well as the role of the fourth party when ODR is exclusively online -- such as when disputes arise out of online activities or when the parties are separated by distant locations. In addition, they detail the specific role of the ODR practitioner and the special skills needed to conduct online work.
Online Dispute Resolution provides practical, how-it-works information for arriving at an efficient and economical process for dispute resolution online. This book is sure to become an indispensable resource for anyone seeking to resolve individual conflicts, insurance settlements, or E-commerce disputes, as well as those working in corporate, organizational, or institutional mediation.
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The development of communication and information technology has an impact on all aspects of human life. Technology has changed the business world from traditional trading patterns to a more modern trading system, namely an online trading system known as electronic commerce (e-commerce). Electronic commerce/electronic-commerce/e-commerce is the distribution, sale, purchase, marketing of goods and services that rely on electronic systems, such as the internet, television, or other computer networks. The agreement is also made online, basically, an online sale and purchase agreement (e-commerce) is the same as a general sale and purchase agreement, which requires an agreement between the seller and the buyer regarding the goods or services being traded and the price for the goods or services. Alternative Dispute Resolution (ADR) is dispute resolution out of court. that the parties to the dispute by mutual agreement are free to choose the forms and procedures contained in the alternative dispute resolution and will be applied in dispute resolution. Agreements made online are expected to be completed online as well. For this reason, alternative dispute resolution is sought which is expected to facilitate the dispute resolution process with online transactions. One of the breakthroughs is by using an online arbitration model known as Online Dispute Resolution (ODR) so that the disputing parties can settle wherever they are.The method used is through normative legal research, which is a scientific research procedure to find the truth based on scientific logic from the normative side, carried out to produce arguments, theories, or new concepts as prescriptions in solving problems at hand. The nature of this research is descriptive-analytical. In the future, this discussion will open a new way to facilitate the Indonesian people, especially those seeking legal certainty, in resolving disputes using ODR
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The Indian judicial system is marred by delays. Businesses suffer because disputes are not resolved in a reasonable time. Even with the use of methods of alternative dispute resolution a fair number of high value disputes end up in a court. Thus, courts hardly have any time for taking up disputes of lower value. Also, in a country of continental dimensions, every disputant cannot afford to travel and contest in a court of law. Online Dispute Resolution (ODR) has emerged as a new method which may be beneficial in a geographically large country and also where a large number of B2B or B2C disputes are significantly of low value. ODR is the best available method for resolving such business disputes. But there are a number of hurdles like access, technology, cultural and language issues, and above all trust with a new un-tested system. Of late, ODR has been successfully used by the National Internet Exchange of India (NIXI) and the judiciary has also shown perceptible shift towards use of new technology and methods in resolution of disputes. The paper examines the hurdles faced by ODR in India, discusses its future and makes a few suggestions for its success.
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This paper discusses the potential of alternative dispute resolution mechanisms for solving Internet-related disputes and to address the challenges of Massive Online Micro-Justice, i.e. an online justice system that aims at solving a massive amount of micro Internet-related disputes affecting citizens and companies alike around the globe that are presently submitted to online platforms and decided by them. In particular, this paper discusses the challenges faced by online platforms to deal with the myriad of micro cases they are confronted with on a daily basis by reference to the massive (and ever-growing) amount of removal requests which have been submitted to Google following the (highly mediatised) confirmation by the Court of Justice of the European Union of the Right to Be De-indexed (better known under a misnomer, i.e. the Right to Be Forgotten). On this basis, this paper pleads for the development of global policies governing online alternative dispute resolution mechanisms which is critical to avoid fragmentation and which is necessary to maintain equitable access to justice in cyberspace. In this respect, this paper discusses the use of the Uniform Domain Name Dispute Resolution Policy (UDRP) as a possible source of guidance for such global dispute resolution mechanism.
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Litigiousness is a social phenomenon.The complaints that Brazilian´s court are now running are very inflated.Judges are burdened.With this in mind, it is important to say that there is a promising future for digital economy.Online dispute resolution (ODR) is a new method for addressing disputes that arose online.The growth of onlinedispute resolution is tied to the growth of e-commerce.Given the background, we think that it is a mistake to believe that Online Dispute resolution and Alternative Dispute Resolution (ADR) will ever replace any sizable proportion of our litigation in Court, but it is important to increase and improve more pacific and less costly means of dispute resolution in Brazil. ODR is a new form of dispute resolution in comparison to conventional courtrooms and even to ADR mechanisms. These methods are able to deliver justice in a digital society.
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