ONLINE DISPUTE RESOLUTION AS A SOLUTION FOR CROSS-BORDER CONSUMER DISPUTES IN INDONESIA
Muhammad Nur Udpa, Anwar Borahima, Ahmadi Miru, Maskun

Law Faculty, Hasanuddin University

Abstract

The position of consumers in cross-border e-commerce is unbalanced. This has led to difficult legal efforts to resolve disputes. This research aims to examine the resolution of disputes between businesses and end consumers with cross-border conditions from both parties. The method of legal research is to apply the approach of law by studying international regulations and conventions on ODR. As well as a legal comparison approach to compare regulations in Indonesia with other countries. The results of this study show that there are businesses that apply standard agreements to shorten the transaction process, thus making the position more dominant and complicating dispute resolution. The absence of guarantees from the transaction provider platform (social commerce) for the correctness of the identity and location of businesses using their platform causes the legal process for consumers to be very difficult to implement. The resolution of such disputes should be able to use ODR. These efforts can collaborate with web providers. So for businesses that have been declared bad faith will get warnings until the blocking of access for the perpetrators. Legal certainty of such efforts is supported by the ownership of electronic certificates and reliability certificates in Indonesia.

Keywords: Consumer, ODR, Cross Border

Topic: Trade and Business