Application of Online Arbitration to Dispute Resolution E-Commerce Business in Indonesia (in Academic Discourse and Practice)

Abstract

Online trade dispute resolution has actually been regulated in the Law on Trading Through Electronic Systems, namely "PMSE dispute resolution as referred to in paragraph (1) can be held electronically (online dispute resolution) in accordance with the provisions of laws and regulations". However, online dispute resolution currently does not have a clear mechanism to be resolved through online arbitration. The purpose of this study is to see an overview of the Application of Online Arbitration to E-Commerce Business Dispute Resolution in Indonesia (in academic discourse and practice). This method of approach is a normative juridical approach with secondary data. This research is descriptive analytical. The results of the study found that the settlement of trade disputes electronically (e-commerce) through online arbitration in accordance with the APS Law which states that in the event that it is agreed that dispute resolution through arbitration occurs in the form of exchange of letters, then the sending of telex, telegram, facsimile, e-mail, or in the form of other means of communication, accompanied by a note of acceptance by the parties. Online arbitration in the process of its implementation in Indonesia is in accordance with and does not conflict with existing laws and regulations, although there are no implementing rules governing the arbitration process online.