Arbitrase Daring di Tengah Gelombang Digitalisasi terhadap Analisis Relevansi Tantangan dan Perubahan Proses Hukum

The purpose of this study was to determine the role of the Indonesian National Arbitration Board (BANI) in the process of e-commerce dispute resolution through online arbitration. The research method was carried out using a normative juridical approach and was descriptive analytical, then the data obtained were analyzed in a qualitative juridical manner. The results obtained that the Indonesian National Arbitration Board (BANI) has a very important role in resolving e-commerce disputes through online arbitration, although there are no explicit rules governing this matter, the existence of the BANI institution is one of the alternative choices for parties. - the disputing parties in e-commerce to resolve the dispute. The Indonesian National Arbitration Board (BANI) is one of the alternative dispute resolution institutions outside the court (non-litigation) that has the authority to resolve civil disputes including online/e-commerce business disputes through arbitration methods, both conventional arbitration and online arbitration. The conclusion of this study is that the development of electronic commerce (e-commerce) has inspired electronic dispute resolution as well, which is more effective, namely through on-line arbitration, through the Indonesian National Arbitration Agency (BANI). The impact of this research, among others, provides a profitable choice for the parties to the dispute in e-commerce to resolve their dispute more effectively through arbitration through the Indonesian National Arbitration Board (BANI).

This article examines online arbitration within the context of online dispute resolution, which began with the advent of the internet during the 1990s and has become efficient over time. Contemporarily, fast-evolving technology has engendered a new perspective to dispute resolution. This new approach has altered the traditional understanding of dispute resolution from classical methods such as face-to-face hearings or sessions to using the internet, while causing a shift from the real world to the cyberspace. Alternative dispute resolution methods such as arbitration and mediation are conducted by various institutions across countries around the world. Some of these institutions expanded their application to include the scope of online dispute resolution after 2010. More specifically, arbitration institutions in some countries introduced regulations regarding online arbitration in 2015. They did so with the aim of having online arbitration within the scope of online dispute resolution in cyberspace using the Internet. This study shares examples from online arbitration applications of various institutions around the world. The Istanbul Arbitration Center was founded under the Law on Istanbul Arbitration Center numbered 6570, with the aim of resolution of disputes by alternative methods in Turkey. This is a nascent and the first institution to provide such service in Istanbul. These significant measures engendered by recent technologies on dispute resolution have gained a completely different importance with the coronavirus disease 2019 (COVID-19) pandemic. Access to justice and the right to legal remedies have moved to online platforms at specific rates. Within this scope, the Istanbul Arbitration Center has recently published the Procedures and Principles for Online Hearings. Speed, efficiency, and resolution of disputes with lower costs constitute the positive aspects of online arbitration, which are also characterized by few negative aspects. Undoubtedly, technical problems relating to internet access, which are more technology-based, can be resolved faster due to constant developments in the technological field during the COVID-19 pandemic. However, the actual problem relates to ensuring fair and righteous decisions while enabling justice and the right to a fair trial in an online arbitration area. This article aims to reconsider those issues along with the challenges engendered by the COVID-19 pandemic.

This thesis research was carried out due to the development of information and communication technology which has an impact on trading activities. The impact of these developments is currently the existence of trade conducted online, which results in the emergence of the use of digital contracts as a form of agreement which often causes disputes and in business prefers online dispute resolution, especially online arbitration. However, in Indonesia the legal basis for online arbitration has not specifically regulated online arbitration awards. This research was conducted with the aim of knowing and studying the legality of online arbitral awards in Indonesia based on the theory of legal certainty and also the relevance of Law Number 30 of 1999 about Arbitration and Alternative Dispute Resolution to online arbitration, especially regarding online arbitration awards in Indonesia. This research is a normative research with a conceptual approach and statutory approach. The data source is in the form of secondary data consisting of primary legal materials and secondary legal materials, which are analyzed using legal analysis methods. Drawing conclusions using a deductive thinking process. The theory of legal certainty is used as an analytical knife in reviewing research results. The results of the study show that online arbitral awards when associated with Gustav Radbruch's theory of legal certainty still occur in a dilemmatic choice and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution has not yet accommodated arrangements regarding online arbitration in Indonesia, especially regarding online arbitration awards, this causes Even though the decision has legality, if there is no law that regulates it for certain, then the aspect of legal certainty does not necessarily exist.

In recent years, the importance of electronic trade in digital content has become evident. However, this new phenomenon has brought new challenges with itself in various areas, which demands fast and efficient responses. While litigation has lots of limitations and deficiencies, alternative means have been suggested and formulated to complement the dispute resolution system. Among (ADR) systems, Arbitration is the most widely used (ADR) mechanism for resolving disputes in electronic commercial matters. Online arbitration is fully admissible and effective under the current legal framework of many countries, provided that certain requirements are met. This paper examines the advantages of online arbitration and methods of its performance in cyberspace. It concludes that online arbitration is a valid and effective method of dispute resolution and the arbitral awards given by online arbitration are enforceable under the rules of New York Convention.

This study explores the application of sociological jurisprudence in online arbitration as a non-litigation alternative for resolving medical disputes in Indonesia. Sociological jurisprudence integrates the law with the social dynamics of society, which in the Indonesian context is reflected in the culture of consensus decision-making. Online arbitration utilizes technology to facilitate efficient and fair dispute resolution. This study proposes that the principle of consensus, in line with the Fourth Principle of Pancasila, can be implemented in online arbitration to achieve win-win solutions between patients and doctors or hospitals. Understanding that online arbitration is akin to consensus decision-making, led by a neutral and impartial arbitrator, is crucial for applying this concept in medical practice. The findings of this study indicate that online arbitration meets the need for a swift, precise, and mutually beneficial dispute resolution process for all parties involved.

Objective - The use of online arbitration is more convenient for the disputing parties because their submissions can be archived by automated document management systems and be reviewed from any location, at any time. Yet, the process of online arbitration in Indonesia is questionable because the Indonesian Arbitration Legislation does not provide provisions relating to online arbitration. It is also questioned whether online arbitration awards are domestic or international under the Legislation. In order to answer the questions, this research examines and reinterprets the Legislation to establish arguments pertaining to the status of online arbitration and its awards in Indonesia. Methodology/Technique - It adopts a normative legal research by examining the existing legislation and literatures relating to arbitration. Findings - It found that the Legislation permits online arbitration because the IT Legislation facilitates the use of electronic communications and devices for this type of arbitration. Yet, the category of its awards may be vague. This is because Indonesia has not adopted the UNCITRAL Model Law. Consequently, the Legislation merely categorizes the online arbitration awards based on whether they are rendered in Indonesian territory (domestic awards) or outside Indonesia (international awards). Originality/value - The use of technology has penetrated business transactions and may result in legal disputes. Therefore, those who engage in online transactions should consider their dispute resolution mechnism. In the context of online business, it may be beneficial for disputing parties to settle their disputes through online arbitration because it can transcend national boundaries, and its awards may be enforceable. Type of Paper - Review Keywords: Online arbitration, awards, dispute resolution, arbitration law, Indonesia. JEL Classification: K2, K29

The article provides an overview of new forms of dispute resolution – online arbitration on the example of China. Chinese scientists divide online arbitration into two categories: mandatory online arbitration and optional online arbitration. It is proved that optional online arbitration in China, which is currently conducted by private e-commerce platforms (“Taobao ODR”, “Tmall ODR”, “Jingdong ODR”, “Gome ODR”, etc.) and providing crowdsourcing dispute resolution services, can be considered as a fullfledged online arbitration. The only difference between mandatory and optional online arbitration is that the decisions of the latter cannot be enforced through a state court. But e-commerce platforms in China have effective incentives to force the losing party to enforce the arbitration award.

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.

This research focuses on method of dispute resolution using online arbitration as online dispute resolution. This research character is analytical descriptive. Analysis method used in this research is qualitative method. The result of this research shows: First, online arbitration as one of the method of dispute resolution using online dispute resolution considered by e-commerce business actors as the best solution in resolving dispute in cyber world; Second, online arbitration in the practice faces juridical obstacle in some matters as follow: (1) agreement to perform arbitration; (2) choice of arbiter (3) fulfillment of fundamental procedures; (4) character and execution of arbitration binding decision.Key words : Online arbitration, dispute, and e-commerce

Purpose: In Indonesia, arbitration is regulated by Law No. 30/1999 on Arbitration and Alternative Dispute Resolution, while China employs the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration. Both countries have developed legal frameworks for arbitration, yet notable differences exist in the implementation of online arbitration. Indonesia's adoption of online arbitration accelerated significantly due to the COVID-19 pandemic, leading to the issuance of a decree by the Indonesian National Arbitration Board (BANI) in May 2020 to regulate electronic arbitration proceedings. Conversely, China had established its online arbitration system through CIETAC before the pandemic, offering comprehensive online services for dispute resolution. This study aims to analyse the differences and similarities in the use of online arbitration for business dispute resolution between Indonesia and China. Method: The analysis will focus on the regulatory frameworks, technological integration in arbitration processes, and the readiness of each country's infrastructure to support online arbitration, providing insights into the effectiveness and efficiency of these methods in resolving business disputes. Result: There are several differences and similarities in resolving business disputes using online arbitration methods between Indonesia and China. Although both countries do not have regulations that explicitly regulate online arbitration, both provide opportunities for the implementation of online arbitration.

The article attempts to determine the most optimal dispute resolution mechanism in the field of e-commerce within the framework of the BRICS. Based on the analysis, it is emphasized that the consideration of this category of disputes is more successfully carried out through online dispute resolution methods, the most promising of which is online arbitration today. In this regard, the article proposes to develop a unified dispute resolution procedure in online arbitration within the framework of the BRICS. In conditions when the process of forming online arbitration is not completed, and in the BRICS members there is no full-fledged legal regulation of this mechanism, it is proposed to gradually form the foundations of the dispute resolution process in online arbitration through unification, followed by their detailing using more flexible means of harmonization.

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.

Online Arbitration is a new tool for dispute settlement mechanism. This mechanism is more cost effective, more efficient and better than other traditional approaches of dispute settlement. As a new mechanism of dispute resolution, online arbitration has encountered certain difficulties in the application of traditional principles of international commercial arbitration law. Problems of litigation in the commercial disputes have made the alternative disputes resolution promotes day by day. Arbitration is one of the best technique which has found international popularity due to accurate codes and enforceable awards. 188th report of Law Commission of India proposed that we apply a ‘fast track’ procedure for the ‘Commercial Division’ cases in the proposed Commercial Division of the High Courts. The Law Commission, in its 176th Report on Amendments to the Indian Arbitration and Conciliation Act, 1996 proposed a ‘fast-track’ procedure for arbitration in India, where parties opt for such a procedure. We shall keep that model as a guide for prescribing a ‘fast-track’ procedure in Commercial cases of pecuniary value as high as 1 crore or more. Online Arbitration is the most successful simple method for the best resolution of cyberspace disputes. There are many legal issues that arise out of Online Arbitration, such as choice of applicable law, requirements of arbitration agreement, signature and place of arbitration etc. The principle underlying the online arbitration/ cyberspace approach is to find better, faster and cheaper ways to resolve disputes with the aid of technology.

The Covid-19 pandemic has made online buying and selling activities increasing.�E-commerce is full of risks, especially because the consumers have the obligation to make any advance payment while they cannot see the condition or quality of the goods they ordered.�With the emergence of business disputes that occur both online and offline, and with the development of increasingly sophisticated technology, it is expected that the settlement of business disputes can be resolved online.�The purpose of this study was to analyze the settlement of legal disputes against online buying and selling transactions during the Covid-19 pandemic which was carried out through online arbitration.�The research method used was the normative juridical method, which was a method that seeks to analyze dispute resolution carried out through online arbitration which was then linked to the provisions of laws and regulations.�The process of conducting online arbitration is by using the internet as media.�The room for communication is more like a chat room based on real-time audio-visual streaming.�With the application to communicate, the parties can convey their data, facts, information, or responses through this platform.�Legal sanctions�against�online�buying and selling transactions�that do not match the order are�regulated in two general rules�(Lex Generalis)�and special rules�(Lex Specialist).Keywords:�E-Commerce;�Covid-19,�Online Arbitration;�Legal�Sanctions.

This reserch addresses how information technology can support enterprises cross-border resolution of commercial disputes through online arbitration. Online Dispute Resolution arbitration is the only cost effective out-of-court international dispute settlement system that can end in an award that can be recognized and enforced in national courts. Consequently, the essential elements of the online arbitration will be analyzed in the light of the New York Convention on the Recognition of Foreign Arbitral Awards. Because the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration can serve as a benchmark for “best practices” in international arbitration, it will also be used as a parameter for our analysis.