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All Journal Jurnal Daulat Hukum Journal Social Sciences and Humanioran Review
Ema Nurkhaerani
Universitas Pembangunan Nasional “Veteran” Jakarta
Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Optimization of Online Dispute Resolution (ODR) for Legal Certainty in E-Commerce Consumer Protection in Indonesia Devy Fitri Syahrani; Ema Nurkhaerani
Jurnal Daulat Hukum Vol 9, No 2 (2026): June 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i2.53577

Abstract

The development of e-commerce in Indonesia has driven the need for an effective, straightforward, and affordable dispute resolution model. Online Dispute Resolution (ODR) has a clear legal basis through Law No. 30 of 1999 and Government Regulation No. 80 of 2019, but its regulations are still scattered, not yet harmonized, and not supported by adequate institutional design. This study aims to analyze the harmonization of ODR regulations in e-commerce dispute resolution and formulate a model for optimizing its implementation through the Consumer Dispute Resolution Agency (BPSK). This study applies normative legal methods based on legislative, conceptual, and case study approaches. The analysis is based on the ideas of Law in Books vs. Law in Action and Law as a Tool of Social Engineering formulated by Roscoe Pound, as well as the concept of Access to Justice developed by Mauro Cappelletti and Bryant G. Garth. The results of the study indicate that ODR regulations in Indonesia still experience disharmony in procedural, institutional, and systemic aspects, mainly due to the lack of integration between marketplace platforms, the Directorate General of PKTN, and BPSK. Platforms' internal mechanisms also tend to be closed and do not fully guarantee procedural fairness for consumers. Optimizing ODR needs to be directed towards a hybrid model that positions platforms as providers of digital evidence, while the BPSK remains an independent dispute resolution authority. This model is expected to strengthen consumer protection, increase legal certainty, and achieve effective and equitable e-commerce dispute resolution.
IMPLEMENTATION OF THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY IN THE RESOLUTION OF DOMAIN NAME DISPUTES AS A FORM OF TRADEMARK PROTECTION Fatma Putri Fadilah; Ema Nurkhaerani
Journal Social Sciences and Humanioran Review Vol. 2 No. 01 (2025): JANUARY
Publisher : Zhata Institut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64578/jsshr.v2i01.178

Abstract

The growth of the digital economy has made domain names a valuable asset for brands, but it has also given rise to cybersquatting practices that cause disputes between brand owners and unauthorized domain registrants. This study analyzes the application of the Uniform Domain Name Dispute Resolution Policy (UDRP) in resolving domain name disputes as a form of trademark protection in Indonesia, with a case study of PPND Decision Number 054-0525 regarding the domain lippo.co.id. The research method uses a normative juridical approach using a statute approach, a conceptual approach, and a case approach. The results show that the UDRP, adopted through the PPND Policy by PANDI, applies three main elements of proof: similarity between the domain and the registered trademark, absence of legitimate rights of the registrant, and bad faith. In the case of lippo.co.id, the PPND Panel decided to transfer the domain to the legitimate trademark owner because it was proven to meet all three elements. The criteria for bad faith are assessed based on objective and subjective indicators, including public deception and financial gain motives. This study recommends harmonizing the PPND policy with the Trademark Law, increasing awareness of dispute resolution mechanisms, and strengthening the synergy between PANDI and DJKI. Keywords: Cybersquatting; Domain Name; Trademark Protection.
Co-Authors Devy Fitri Syahrani Fatma Putri Fadilah