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Reconstructing Consumer Online Dispute Resolution in Indonesia: Minimum Procedural Standards for Effective and Enforceable Consumer Redress Elyani Elyani; Ramlan Ramlan; Surya Perdana
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.16175

Abstract

The growth of digital trade has increased consumer disputes and highlighted the need for redress mechanisms that are accessible, efficient, accountable, and enforceable. This article examines regulatory gaps in consumer online dispute resolution (ODR) within Indonesia’s digital trade framework and develops minimum procedural standards to strengthen the enforceability of consumer redress. This study employs doctrinal legal research using statutory, conceptual, and limited comparative approaches, examining Indonesian regulations alongside selected international instruments, including UNCITRAL, OECD, and European Union ADR/ODR frameworks. These international instruments are used as normative benchmarks to identify procedural standards that remain underdeveloped in Indonesia. UNCITRAL instruments inform the analysis of procedural accessibility, party participation, electronic communication, and the legal treatment of digitally conducted dispute resolution. OECD principles provide a consumer-policy benchmark concerning accessibility, transparency, fairness, security, and effective redress in digital markets. The European Union ADR/ODR framework further informs the analysis of institutional neutrality, procedural transparency, information requirements, complaint handling, and the documentation and implementation of outcomes. Rather than treating these instruments as directly applicable sources of Indonesian law, the article uses them comparatively to identify relevant minimum standards and assess their compatibility with Indonesia’s existing legal framework. The findings demonstrate that Indonesia’s existing regulatory framework does not yet establish specific and enforceable procedural standards for consumer ODR. Relevant provisions remain fragmented across consumer protection, electronic commerce, electronic transactions, alternative dispute resolution, and personal data protection regimes. Consequently, critical procedural elements, including authority and identity verification, transaction authentication, electronic evidence governance, neutral facilitation, outcome documentation, data protection safeguards, audit trails, and post-settlement compliance, remain insufficiently regulated. This article contributes a normative-operational reconstruction of consumer ODR by proposing minimum enforceable procedural standards. The proposed framework positions ODR not merely as a digital complaint mechanism but as an integrated, traceable, accountable, and enforceable consumer redress mechanism within Indonesia’s digital trade framework.
From Formal Legality to Substantive Accountability: Corporate Campaign Contributions and the Prevention of Disproportionate Political Influence in Indonesia Arie Nurwanto; Surya Perdana; Ramlan Ramlan
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.16199

Abstract

Campaign finance is a fundamental component of democratic integrity and electoral governance. Previous studies on political financing in Indonesia have largely focused on patronage, clientelism, reporting, compliance, and auditing, while the legal accountability of corporate donors and political parties for corporate campaign contributions remains insufficiently examined. This study addresses this gap by examining the legal regulation and accountability of corporate campaign contributions, particularly whether the existing legal framework can prevent legally permissible contributions from generating conflicts of interest and disproportionate political influence. The study employs Lawrence M. Friedman’s Legal System Theory and Legal Responsibility Theory and adopts a normative legal research method using statutory, conceptual, and systemic approaches. The analysis is based on secondary legal materials, including electoral laws and regulations, KPU and Bawaslu regulations, court decisions, legal doctrines, and relevant national and international literature. The findings show that Indonesia’s campaign finance regime remains oriented toward formal administrative compliance and has not fully established effective mechanisms for tracing funding sources, identifying beneficial sources, preventing conflicts of interest, or allocating legal responsibility between corporate donors and political recipients. Institutional oversight also remains fragmented, particularly in monitoring complex financial flows, while weaknesses in compliance culture may create opportunities for transactional political relationships. The study’s principal contribution is the development of an integrated legal accountability framework linking corporate contributions, source transparency, donor and recipient responsibility, conflict-of-interest prevention, institutional oversight, political independence, and electoral integrity. This framework shifts campaign finance analysis from formal legality toward substantive legal accountability, emphasizing that legally permissible corporate contributions should not be allowed to undermine political independence or fair electoral competition. The study contributes to electoral governance in Indonesia by providing a legal framework for strengthening transparency, accountability, and institutional oversight while extending the campaign finance literature beyond administrative compliance toward the prevention of disproportionate corporate political influence.