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All Journal Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Mawaddah: Jurnal Hukum Keluarga Islam
Taufik Firmanto
Universitas Muhammadiyah Bima, Indonesia
Religion Education Law, Crime, Criminology & Criminal Justice

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E-commerce Dispute Resolution Model in Indonesia: ADR (Alternative Dispute Resolution) Perspective Nur Arisah Mekadina; Iksan; Taufik Firmanto; Zuhrah
KASTA : Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Vol. 5 No. 3 (2025): Desember
Publisher : Lembaga Bale Literasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58218/kasta.v5i3.3294

Abstract

The development of e-commerce in Indonesia has increased digital transaction activities while giving rise to various electronic disputes between consumers and business actors. These disputes have special characteristics, such as the use of electronic contracts, cross-regional transactions, and digital proof, so that conventional litigation mechanisms are considered less effective because they require high costs and a long time. This study aims to analyze the e-commerce dispute resolution model in Indonesia through the Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) approaches. The research method used is a mixed method with normative and empirical approaches. The normative approach is carried out through the study of laws and regulations and legal literature, while the empirical approach is used to understand dispute resolution practices on digital platforms. The results show that adr and ODR are more suitable to be applied in e-commerce disputes because they offer flexibility, cost efficiency, and quick resolution. However, the implementation of ODR in Indonesia still faces regulatory, institutional, transparency, and standard procedural constraints. Therefore, a national ODR model that is integrated with the Indonesian legal system is needed to ensure legal certainty, consumer protection, and the effectiveness of digital dispute resolution.
Normative Critique of Passive Money Laundering Formulation in Indonesian Criminal Law: An Islamic Proportionality Perspective Aditya Wiguna Sanjaya; Kiki Kristanto; Nabilaa Mohamed; Taufik Firmanto; Rudhi Achsoni
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.82

Abstract

Money laundering crimes are generally classified into active and passive forms. In the Indonesian context, passive money laundering based on Article 607 paragraph (1) letter (c) of the Criminal Code adopts the pro parte dolus pro parte culpa model which equates criminal liability between intentional acts and those committed due to negligence. This approach raises normative issues related to the principle of proportionality which requires differentiating sanctions based on the degree of error. This study aims to analyze the principle of proportionality in Islamic criminal law and evaluate the suitability of the formulation through a comparative approach. This study uses normative legal methods with legislative, conceptual, and comparative approaches. The analysis was carried out on the provisions of Indonesian criminal law, Islamic criminal law principles, and several relevant foreign legal systems. The results of the study show that Islamic criminal law expressly distinguishes the level of error in the imposition of sanctions, as reflected in the concepts of qisas and diyat. This principle is also in line with a number of modern legal systems that separate intentional crimes (dolus) and negligent crimes (culpa) with different criminal consequences. On the other hand, the pro parte dolus pro parte culpa model in the Criminal Code has the potential to obscure these differences by imposing equivalent sanctions, thereby weakening the principle of proportionality and risking substantive injustice. This research contributes theoretically through strengthening the study of comparative criminal law based on the integration of Islamic law perspectives, as well as practically by recommending the reformulation of criminal policies to ensure more optimal proportionality and justice.
Co-Authors Aditya Wiguna Sanjaya Iksan Kiki Kristanto Nabilaa Mohamed Nur Arisah Mekadina Rudhi Achsoni Zuhrah