scholarly journals The Arrangements of Online Dispute Resolution as an Alternative Resolution of the Electronic Commerce Transactions in Indonesia

2020 ◽  
Vol 2020 (27) ◽  
pp. 76-82
Author(s):  
Rahmadi Indra Tektona ◽  
Ayudya Rizqi Rachmawati

The article is motivated by the practical preference from conventional alternative dispute resolution to online dispute resolution as information and communication technology progresses, especially in electronic commerce. It aims to provide a concept about the fore on regulations of online dispute resolution as an alternative dispute resolution applicable to electronic commerce in Indonesia. This normative legal research which uses statute and comparative approach provides an explanation on the importance of regulating online dispute resolution so as to give legal certainty and legal protection to consumers of electronic commerce.

2016 ◽  
Vol 24 (1) ◽  
Author(s):  
Sodiq O. Omoola ◽  
Umar A Oseni

The need for convergence of best practices in Alternative Dispute Resolution (ADR) and Information and Communication Technology (ICT) cannot be overemphasised in an increasingly digitalised world. This undoubtedly led to the introduction of Online Dispute Resolution (ODR) few decades ago which is considered a fast, seamless, and convenient means of dispute resolution. With the increasing prominence of e-commerce transactions, several countries and regions of the world are on the quest to provide an effective legal framework for ODR in e-commerce dealings. This article analyses the approaches to ODR legislations for consumer protection in selected jurisdictions. The article finds that a comparative legal approach with some leverage on legal borrowing can help to create the required legal environment for ODR in other jurisdictions.  


2016 ◽  
Vol 10 (1) ◽  
pp. 145
Author(s):  
Seyed Abolhasan Mosavi ◽  
Abdolmohammad Afrogh

Cyberspace is considered as one of the most modern means for the conclusion of contracts and meeting the obligations arising from that, particularly in commercial transactions. The nature of electronic contracts- in terms of credibility, form and homogeneity with public disciplines and regulations of civil law about the contracts- is a new topic based on which recognition and investigation on the legal effects depend on the formal structure of cyberspace and information and communication technology concepts known in this area. Present work mainly investigates following items: Electronic contract conclusion and specific properties of such agreements, effect of electronic trait on its way of formation as well as compatibility of public rules and regulation of electronic contracts in Iranian Electronic Commerce Acts and UNCITRAL model law. Electronic contract principally does not differ traditional ones in terms of nature. However, structure of cyberspace has brought up new specifications and concepts. A descriptive-analytical method with comparative approach were used for data collection. Current rules and regulations of the contracts area in traditional space seem to not be able to completely meet emerging rights in cyberspace, but beside traditional legal basics, some rules and regulations are necessary to eliminate existing confusion by setting determination in modern legal uncertainties. Present study tries to answer above queries by assessment and comparison of the location and time of contract conclusion in Electronic Commerce Act and UNCITRAL Model Law.


2016 ◽  
Vol 10 (1) ◽  
pp. 32
Author(s):  
Syed Abolhasan Mosavi ◽  
Abdolmohammad Afrogh

Cyberspace is considered as one of the most modern means for conclusion of contracts and meeting the obligations arising from that, particularly in commercial transactions. The nature of electronic contracts- in terms of creditability, form and homogeneity with public disciplines and regulations of civil law about the contracts- is a new topic based on which recognition and investigation on the legal effects depend on formal structure of cyberspace and information and communication technology concepts known in this area. Present work mainly investigates following items: Electronic contract conclusion and specific properties of such agreements, effect of electronic trait on its way of formation as well as compatibility of public rules and regulation of electronic contracts in Iranian Electronic Commerce Act and UNCITRAL model law. Electronic contract principally does not differ traditional ones in terms of nature. However, structure of cyberspace has brought up new specifications and concepts. A descriptive-analytical method with comparative approach were used for data collection. Current rules and regulations at contracts area in traditional space seem to not be able to completely meet emerging rights in cyberspace but beside traditional legal basics, some rules and regulations are necessary to eliminate existing confusion by setting determination in modern legal uncertainties. Present study tries to answer above queries by assessment and comparison of location and time of contract conclusion in Electronic Commerce Act and UNCITRAL Model Law.


2021 ◽  
Vol 2021 (69) ◽  
pp. 67-86
Author(s):  
ميس اسعد عبد الحسن ◽  
أ. د. هناء عبدالغفار

E-business has become in the light of the new global digital economy, knowledge and an important requirement and a necessity for sustainable development, as the revolution in information and communication technology has made a qualitative leap in innovating the most successful methods and methods in promoting products and services, opening the door wide to free competition in a world that is not governed by only the features of self-confidence first and others secondly and seeks Research to assess the Iraqi readiness for electronic commerce through a set of indicators for the seven policies that have been identified internationally by the International Trade and Development Organization to assess the readiness of countries.


2002 ◽  
Vol 29 (5) ◽  
pp. 729-755 ◽  
Author(s):  
Galit Cohen ◽  
Peter Nijkamp

Information and communication technology (ICT) is widely accepted as a potentially favourable set of instruments, which may improve the welfare and competitiveness of nations and cities. Nowadays, both public and private actors aim to exploit the expected benefits of ICT developments. The authors seek to investigate the potential of ICT use at an urban level and, in particular, to shed more light on various factors that influence urban ICT policies in the public domain. First, a conceptual framework, designed to improve understanding of the driving forces of urban ICT policies, is outlined. It focuses on the way decisionmakers perceive their city, and shape their opinions about ICT; it addresses in particular the way these decisionmakers evaluate the importance of ICT for their city. Next, interviews with urban decisionmakers in different European cities in three countries (Austria, Spain, and the Netherlands) are used to analyse the complex relationship between perceived urban characteristics (for example, nature of problems and urban image), personal attitudes towards ICT, administrative features of the cities concerned, and perceptions of the relevance of ICT to the cities. The authors' main focus is on the identification of a possible systematic relationship between the aforementioned explanatory factors and urban decisionmakers' attitudes towards ICT policies. Understanding the decisionmakers' perceptions is an important step towards grasping the nature and substance of the policy itself, and may explain some of the variance among different cities. Because the ‘urban ICT’ discourse is still relatively new, an open-interview method is used to capture a variety of different views and perceptions on ICT and on the information age in the city. With the aid of qualitative content analysis, the interview results are transformed into a more systematic and comparable form. The results suggest that even interviewees from the same city may have a different understanding of their urban reality whereas, on the other hand, cities with different characteristics may appear to suffer from similar problems. Moreover, the authors found a wide range of attitudes toward ICT and its expected social impacts, although most of the interviewees appeared to be more sceptical than had been expected. The authors identified a clear need for a more thorough investigation of background factors and, therefore an approach originating from the field of artificial intelligence—rough-set analysis—was deployed to offer a more rigorous analysis. This approach helped in the characterisation and understanding of perceptions and attitudes regarding urban policies, problems, and images.


2019 ◽  
Vol 2 (1) ◽  
pp. 47-57
Author(s):  
Serkan Kaya ◽  
Muhammed Danyal Khan ◽  
Rao Imran Habib

Current Traditional litigation in courts is still considered as the main dispute resolution forum for civil disputes. However, as a result of the digital revolution of society, traditional litigation has become very slow, expensive, formal, and complex. To meet the requirement of the digital age regarding the resolution of disputes, Online Dispute Resolution which is a combination of Alternative Dispute Resolution with Information Communication Technology, has become the new trend for resolving disputes. This article critically examines the use of Artificial Intelligence in ODR and gives some successful examples of global ODR services.


2021 ◽  
Vol 6 (2) ◽  
pp. 67
Author(s):  
Ayudya Rizqi Rachmawati ◽  
Rahmadi Indra Tektona ◽  
Dyah Ochtorina Susanti

The research is motivated by the need for eff ective, effi cient and low-cost dispute resolution in dispute arising from electronic commerce transactions. That is because the implementation of electronic commerce transaction ha the characteristic of speed and ease, then it must also be accommodated in the process of settling the dispute. This study aims to analyze, and provide a description of the form of application principle of utilities in ODR as an alternative dispute resolution of electronic commerce user. The result of this normative legal research which uses statute and conseptual approach provide an explaination that online dispute resolution as an e-commerce alternative dispute resolution system trial has been in accordance with the principle of utilities, because to fulfi ll an element that there are in principle utilities in the analysis on law and economic.


2019 ◽  
Vol 13 (1) ◽  
pp. 49-63
Author(s):  
Syufa'at Syufa'at

Copyright is one part of intellectual property that has the widest scope of protected objects. The rapid development of information and communication technology requires rules that support copyright, especially with the rampant piracies. Therefore, copyright must have a legal protection as other rights. This paper is dedicated to outlining the concept of piracy of works in the field of copyright using an integrated review of Islamic law and the Indonesian Law No. 28 of 2014 concerning Copyright. By using a deductive framework and normative approach, this paper formulates one finding that copyright piracy even though there are no clear and standard rules in Islamic law, by using analogy (qiyās) method, the copyright rule is in accordance with the law against the perpetrator of theft (saraqah). However, because a pirator of copyrights is not the same as a theft, its rule enters ta’zīr domain where all provisions for sanctions are determined by the government. In Indonesia, the actualization of sanctions is regulated in Law No. 28 of 2014, which essentially strives to create justice and guarantee of every individual right that leads to widespread benefit. Islamic law (in this case saraqah rules) becomes the theological basis for Law No. 28 of 2014 in a normativity context, where the integration points of Islamic law and Indonesian law can be established.


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