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All Journal Jurnal Cendikia ISNU SU
Irham Mahromy Munthe
Universitas Islam Negeri Sumatera Utara
Humanities Law, Crime, Criminology & Criminal Justice

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The Challenges and Opportunities of Arbitration in the Digital Era: Legal Perspectives and Online Dispute Resolution Practices Irham Mahromy Munthe; Maria Arfah Nasution; Ahmad Yasin Dongoran; Usamah Zaki
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1311

Abstract

This study examines the challenges and opportunities of arbitration in the digital era, focusing on the legal and practical perspectives of online dispute resolution in Indonesia. The research is motivated by the rapid development of information technology, which has transformed dispute resolution mechanisms through digital platforms, particularly in e-commerce transactions and cross-border contracts. This study employs a normative legal approach or doctrinal research, analyzing legislation, legal theory, academic literature, and jurisprudence related to digital arbitration. The research stages include problem identification, literature review, collection of primary and secondary data, and qualitative analysis to evaluate the challenges and benefits of digital arbitration. The findings indicate that while national regulations do not explicitly govern online arbitration, they provide a legal foundation through principles of party consent, arbitrator independence, and award recognition. Moreover, digital arbitration offers cost and time efficiency, procedural flexibility, broader access, and technological innovations, provided that fairness, confidentiality, and legal certainty are ensured through secure platforms and competent arbitrators.
Co-Authors Ahmad Yasin Dongoran Maria Arfah Nasution Usamah Zaki