Urgency of Consumer Legal Protection and ECommerce Dispute Resolution Through Arbitration in the Asian Market
Dr. Derry Angling Kesuma, S.H., M.Hum; Dr. H. Yuli Asmara Triputra, S.H., M.Hum; Dr. H. Darmadi Djufri, SH., MH
The growth of the e-commerce industry in Asia in general, and in Indonesia in particular is growing rapidly in the midst of trade flows that are increasingly rapidly advancing. The very rapid development of information technology has given rise to a new style in the trading system, and also the process of dispute resolution must also follow existing developments. The change in the way transactions in the business world from the real world to the virtual world, has given birth to a variety of new legal problems for consumers in e-commerce, where consumers often do not have a strong bargaining position and put consumers in a weak position. By using the normative juridical approach method and analytical descriptive nature, the results of the study show that the protection of consumers in trade transactions through electronic systems cannot be optimally carried out because the regulations are still scattered in several laws that require implementing regulations. In addition, Law No. 8 of 1999 concerning Consumer Protection has not been able to reach consumer protection in electronic trade transactions as a whole, especially in the case of parties having different jurisdictions. Whereas in the case of consumer disputes, the parties can take the court or outside the court by using ADR (Alternative Dispute Resolution) according to the agreement of the parties, where the methods used in ADR have been agreed upon first.