ONLINE DISPUTE RESOLUTION SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA TRANSAKSI DIGITAL

Abstract

The development of information technology (IT) is an impact of the progress of the
globalization era. Several variants of activities in it include trading activities (e-commerce).
This sale and purchase transaction via the internet is without any face-to-face contact between
the parties, based on mutual trust. This condition, of course, can pose a risk with all the legal
consequences, including an act against the law, either civil or criminal from one of the parties
in an online buying and selling transaction. Although consumer protection in digital
transactions has been regulated in Law Number 19 of 2016 concerning Amendments to Law
Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) and
Government Regulation No. 82 of 2012 concerning Implementation of Electronic Systems and
Transactions ( PP PSTE), and Government Regulation Number 80 of 2019 concerning
Trading Through Electronic Systems (PMSE). The vulnerability of this transaction leads to
problems that harm consumers, so it is necessary to find alternative solutions, not only through
SELISIK - VOLUME 7, NOMOR 2, DESEMBER 2021
ISSN: 2460-4798 (PRINT) & 2685-6816 (ONLINE)
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litigation, but also through mediation through the Online Dispute Resolution (ODR)
mechanism. This paper raises legal remedies that can be taken by consumers in the event of
a criminal act of fraud by business actors in digital transactions and legal protection for
consumer disputes in digital transactions through the ODR mechanism. ODR as a prospective
application in the context of legal reform in the field of digital transaction dispute resolution.
Second, legal protection for consumer disputes in digital transactions through the ODR
mechanism is an alternative online resolution of consumer complaints based on the freedom
to choose the law and dispute resolution. 33 The ITE Law, in addition to providing benefits
from aspects of time and cost savings, convenience of the ODR procedure, selection of the
third parties in digital transaction dispute resolution