PENYELESAIAN SENGKETA PERDATA DALAM TRANSAKSI E-COMMERCE MELALUI ONLINE DISPUTE RESOLUTION (ODR)

This study aims to examine and analyze the regulation of Indonesian positive law concerning the resolution of civil disputes arising from e-commerce transactions, as well as the mechanism and legal standing of Online Dispute Resolution (ODR) as a means of resolving such civil disputes. The approach used is normative legal research, integrating the theory of obligations and breach of contract in electronic contracts, consumer protection theory, alternative dispute resolution (ADR) theory, the theory of access to justice developed by Mauro Cappelletti and Bryant Garth, and Gustav Radbruch’s theory of legal objectives, which simultaneously emphasizes the values of justice, utility, and legal certainty. This study is also complemented by a comparative analysis of ODR practices in various countries as a basis for analysis and recommendations. The results show that the regulation of civil dispute resolution in e-commerce transactions under Indonesian positive law already has a normative basis scattered across the Indonesian Civil Code, Law Number 8 of 1999 concerning Consumer Protection, Law Number 11 of 2008 as amended by Law Number 19 of 2016 concerning Electronic Information and Transactions, Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, as well as various Supreme Court Regulations concerning mediation procedures and electronic court proceedings. However, these regulations remain partial, are not yet comprehensive, and have not been integrated into a specific ODR framework. This limitation is particularly significant given the distinctive characteristics of e-commerce disputes, which generally involve relatively small claims but a high volume of cases, parties located in different jurisdictions, and a strong reliance on electronic evidence. ODR can be positioned within the Indonesian civil procedural law system as a development of ADR that utilizes information technology as the primary medium for dispute resolution. The most realistic ODR mechanism is a hybrid model that begins with the internal complaint channel of an e-commerce platform, followed by online negotiation and mediation, and then escalates to state-recognized dispute resolution institutions, such as a digitized Consumer Dispute Settlement Agency (BPSK) or online arbitration, with the possibility of reinforcing the outcome through the courts using the e-Court system. The study concludes that ODR is highly important to be explicitly regulated in order to provide legal certainty, practical utility, and substantive justice for consumers and business actors engaged in e-commerce transactions. The legal standing of ODR outcomes depends on their form: an online negotiation agreement is binding as a contract under the Indonesian Civil Code; an online mediation agreement may be formalized as a settlement deed; an internal platform decision may be practically effective but requires an independent objection mechanism; while electronic BPSK decisions and online arbitral awards are subject to their respective legal regimes and may be enforceable. This study recommends the establishment of specific ODR regulations through a Government Regulation or Presidential Regulation that integrates the legal regimes governing electronic commerce, consumer protection, and alternative dispute resolution; the development of a national ODR portal as a hub connecting private platforms with state institutions; the digitization of BPSK procedures; the establishment of minimum complaint resolution standards for e-commerce platforms; and the strengthening of electronic evidence standards and mechanisms for enforcing ODR outcomes. Through these measures, ODR can serve as a concrete means of realizing fast, affordable, and effective access to justice in Indonesia’s digital economy