Authors: Patricia Audrey Ruslijanto
An innovative way of human intelligence cooperates with the development of information technology, has change the face of conventional trade into the practice of faceless trading or so called electronic commerce. The practicality that electronic commerce offers to human beings, also bring such an issue of practice in many countries related with the electronic commerce dispute settlement. Indonesia has showed its effort with the establishment of Law 30/1999 on Arbitration and Alternative Dispute Resolution and Law 11/2008 on Information and Electronic Transaction, though they lack of the model practice of dispute resolution that may coherence with the distinct character of electronic commerce itself, which is online dispute resolution itself.
This paper attempt to analyze: (1) article 18 Law 11/2008 regulates on parties choice of law and choice forum and the use of international private law principle in dispute settlement, that may incoherence with the nature of practicality in electronic commerce itself ;(2) the existence of online dispute settlement and its prospect in Indonesia’s legal system.
Result of this paper show that the existence of article 18 law 11/2008 on information and electronic transaction has made its effort in regulates dispute settlement methods in electronic commerce, through choice of law option, use of conventional alternative dispute resolution and principle of international private law. Yet this choice has not fulfilled the essential meaning of legal protection and legal certainty as aims to reach in the practice of electronic commerce. This paper also analyzes the presence of online dispute resolution as a development of alternative dispute resolution that divides into online negotiation, online mediation and online arbitration. As online dispute resolution offer new vista in the development of Indonesia alternative dispute settlement, the way Indonesia attempt to collaborate the practice of this online dispute resolution by applying cooperation between good legal sector consist of good legal regulation, well society and social control and adequate security system to enhance online dispute resolution practice and fulfill legal certainty toward parties.
Keywords: online dispute resolution, Indonesia, Information Technology Law