M. Fabian Akbar
Faculty of Law, Universitas Gadjah Mada

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Bridging Digital Justice: A Comparative Study of E-Commerce Arbitration in Indonesia and Taiwan Istianah Zainal Asyiqin; Fadia Fitriyanti; Ani Yunita; M. Fabian Akbar; Tsai Pei-Fen
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.18899

Abstract

The rapid expansion of e-commerce has significantly altered the global trade landscape, presenting legal challenges and opportunities, particularly in cross-border transactions. Arbitration has emerged as an effective mechanism for resolving e-commerce disputes, due to its enforceability and flexibility. The intersection between arbitration and e-commerce necessitates immediate attention as electronic signatures, digital contracts, and remote proceedings become more common. This study employed a normative legal approach to evaluate the arbitration frameworks of Indonesia and Taiwan in the context of e-commerce disputes. While Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law) supports Indonesia's legal system, it lacks specific provisions on arbitration for digital commerce, particularly in international contexts. In contrast, Taiwan exhibits a more comprehensive system integrating its Electronic Signatures Act with arbitration practices, enabling a more significant adaptation to technological advancements. While Taiwan's Arbitration Act does not explicitly regulate remote hearings, the Code of Civil Procedure and Judicial Yuan's pertinent regulations permit remote hearings, video conferencing, and electronic evidence submission, thereby guaranteeing continuity and efficiency, particularly during the COVID-19 pandemic. According to this investigation, Taiwan's institutional and procedural preparedness for digital dispute resolution is more advanced. To augment its e-commerce arbitration skills, Indonesia must integrate digital technologies and address regulatory gaps within its arbitration system. The comparative research provides a distinct viewpoint on how both nations might mutually benefit from enhancing legal clarity, effectiveness, and cross-border enforceability within the digital economy.
Rescission of the Comprehensive Military Agreement (CMA): A Violation of International Law by South Korea? M. Fabian Akbar; Muhammad Fathi; Javier Maramba Pandin; Andi Tenri Oddang; Muhammad Mierza Pratama
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.76593

Abstract

This article examines the legal implications of South Korea’s suspension of the 2018 Comprehensive Military Agreement with North Korea against the background of renewed tensions on the Korean Peninsula. The study aims to determine whether this unilateral suspension is compatible with international law and what it reveals about the broader limits of lawful unilateral action in treaty relations. Using normative legal research based on doctrinal analysis, this evaluation assesses the agreement, the Vienna Convention on the Law of Treaties, relevant state practice, and official statements from both governments. The study reveals that the legality of the suspension hinges on whether North Korea’s conduct constitutes a material violation, whether there has been a fundamental change of circumstances, and how strictly national security and necessity can be invoked to justify suspending treaty obligations. The article concludes that the Korean case clarifies the boundaries between lawful countermeasures and internationally wrongful acts, and it offers normative guidance for designing and interpreting security agreements in regions marked by persistent military rivalry.