Dinda Aprilia
Faculty of Law, Universitas Sebelas Maret Surakarta, Surakarta

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Business Disputes in Electronic Transactions Policy in Indonesia Aloysius Wisnubroto; Dinda Aprilia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Economic activities conducted through internet-basedplatforms are generally referred to as electronic commerce (ecommerce). E-commerce offers significant advantages,particularly in terms of efficiency and convenience for bothconsumers and business actors. For consumers, e-commerceprovides ease of access to transactions without requiringphysical meetings, while for sellers, it reduces operationalcosts. However, despite these advantages, e-commerce alsoraises potential risks, particularly concerning the protectionof consumer rights, which may lead to disputes betweenconsumers and business actors. Consequently, the need foreffective and efficient mechanisms for dispute resolution ine-commerce transactions becomes imperative. Based on thisbackground, the research problem was formulated asfollows: How can business disputes in e-commerce beresolved based on the value of justice? To address thisquestion, the researchers employed a constructivistparadigm. The research design adopted was descriptiveanalytical, using a socio-legal approach. A socio-legalstudy integrates doctrinal legal analysis with insightsfrom social sciences. The data utilized in this studyconsisted of both primary data, collected through fieldresearch and interviews, and secondary data, obtainedfrom relevant literature and legal documents. Dataanalysis was carried out using qualitative descriptivetechniques. The findings of the research indicate thatonline arbitration represents a highly appropriatemechanism for resolving e-commerce disputes. This isdue to the inherent characteristics of e-commerce,which transcends geographical boundaries and allowstransactions to occur globally through internetconnectivity. In Indonesia, the legal frameworkgoverning e-commerce is primarily established underLaw No. 11 of 2008 on Information and ElectronicTransactions and Law No. 7 of 2014, particularlyChapter VIII concerning trade conducted throughelectronic systems. Nevertheless, the currentregulation on arbitration, namely Law No. 30 of 1999,remains limited to conventional arbitration and doesnot adequately address the unique challenges posed byonline dispute resolution. Therefore, it is crucial for thegovernment to formulate and enact new regulationsspecifically governing online arbitration as a disputesettlement mechanism in e-commerce. Such legal reforms are essential to ensure that dispute resolutionprocesses remain relevant and responsive to the rapidtechnological advancements shaping modern economicactivities. In this context, appropriate, clear, andenforceable legal measures are necessary to safeguardboth business actors and consumers, while promotingjustice and legal certainty in the digital economy.
Implementation of Non-Cash Payment Regulations in Indonesian Aloysius Wisnubroto; Dinda Aprilia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The advancement of electronic payment systems hasgiven rise to various innovations in financialtransactions, which are expected to enhanceconvenience, flexibility, efficiency, and simplicity forusers. Among these innovations, electronic money (emoney) demonstrates distinct characteristics comparedto pre-existing electronic payment instruments such asphone banking, internet banking, credit cards, anddebit/ATM cards. Unlike those systems, transactionsconducted through e-money do not always requireauthorization procedures or processes directly relatedto customer bank accounts. Based on this development,the researchers formulated the central problem ofinquiry as follows: How is the implementation of noncash payment systems within the Indonesian economicframework evaluated from the perspective of justicevalues? The study employed a constructivist paradigm,with a descriptive and prescriptive research design, andapplied a socio-legal methodology. Data analysis wasconducted through a qualitative descriptive approach.The sources of data included both primary andsecondary materials, obtained through library researchand field research, the latter involving interviews withrelevant stakeholders. The findings of this studyindicate that the Indonesian government andregulatory authorities have introduced a range of legalinstruments to strengthen the non-cash transactionecosystem. One significant example is Bank IndonesiaRegulation (PBI) No. 19/8/PBI/2017 concerning theNational Payment Gateway (NPG), which enablesinteroperability so that one payment card may be usedacross multiple platforms at minimal or no additionalcost. Furthermore, the government’s commitment topromoting cashless transactions is reflected in theregulation requiring all toll road users to adoptelectronic money as the sole payment method effectivefrom October 1, 2017. The study concludes that theIndonesian government is expected to continuouslyencourage the implementation of policies that enhanceeconomic efficiency through non-cash transactionswhile ensuring that the public is not burdened by excessive costs that could discourage adoption.Moreover, these policies are anticipated to foster thedevelopment of sustainable business models forelectronic payment services in Indonesia.