scholarly journals APPLICATION OF ONLINE DISPUTE RESOLUTION (ODR) IN INTERNATIONAL AND INDONESIA DOMAIN NAMES DISPUTES

2020 ◽  
Vol 1 (1) ◽  
pp. 19
Author(s):  
Dheka Ermelia Putri
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
Domain Name ◽  
Domain Names ◽  
Face To Face ◽  
Online Dispute Resolution ◽  
Expert Opinions ◽  
Knowing That ◽  
International Regulations

The Online Dispute Resolution has become a breakthrough in the world of law, especially the law of dispute settlement. Online Dispute Resolution is used in several disputes such as e-commerce disputes and domain name. Technically, part of the ODR has been used by Indonesia’s Constitutional Court, where the Indonesian Constitutional Court utilizes video conferencing facilities in listening to witness testimonies and expert opinions. Moreover, PANDI (Pengelola Nama Domain Indonesia) has implemented most of the functions of the ODR in resolving Domain Name disputes in Indonesia like one of the cases that has been resolved, we call as “Netflix.id” Case that is the case of the Netflix Company who has used Netflix’s name as merchandise since 1977. Netflix Company knowing that there is a new domain name that uses the name of the item, namely “Netflix.id” is officially registered and this interferes with the trading of the Netflix Company, with the result that Netflix Company filed a lawsuit to namely removing the “Netflix.id” domain name. This case was resolved without going through a face to face PPND Process (Pedoman Perselisihan Nama Domain) as a legal basis under Indonesian legislation Currently. Online Dispute Resolution has been used by various world organizations including UNCITRAL, European Commission, and WIPO Arbitration and Mediation. PANDI (Pengelola Nama Domain Internet Indonesia) as one of the parties that utilize the online dispute resolution has policies established under existing international regulations. Still, the ODR has been applied in some cases and resulted in binding decisions to the parties.

ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTES

2021 ◽  
Vol 10 (6) ◽  
pp. 42-65
Author(s):  
M.O. DIAKONOVA
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Alternative Methods ◽  
Legal Basis ◽  
Federal Law ◽  
Online Dispute Resolution ◽  
Consumer Rights ◽  
Economic Climate ◽  
Consumer Access ◽  
Dispute Settlement Procedure

The need to develop alternative dispute resolution methods has long been known, but most of all out-of-court dispute resolution is required in consumer relations. The expansion consumer access turn to dispute resolution and filing complaints even for small requirements will help to increase respect for consumer rights and, in general, create a favorable economic climate. The lack of a legal basis for resolving consumer disputes hinders the effective protection of their rights and is not typical of foreign legal systems. In this regard, the draft Federal law “On Amendments to the Law of the Russian Federation ‘On Consumer Rights Protection’ and the Federal Law ‘On Alternative Dispute Settlement Procedure with the Participation of a Mediator (Mediation Procedure)’ in Order to Create a Legal Basis for the Development of Alternative Online Dispute Resolution” has been prepared. The article analyzes this draft law, compares the projected norms with approaches implemented in foreign legislation, and suggests measures to improve the current legislation on the protection of consumer rights by creating an online platform for the settlement of consumer disputes.

scholarly journals Legal Pollution of Dispute Settlement Results of Regional Head Selection Realizing the Election Justice

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Gita Santika Ramadhani, Suteki ◽  
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
The Supreme Court ◽  
Election Results ◽  
Law And Justice ◽  
The Government ◽  
Dispute Resolution Mechanism ◽  
Sense Of Justice

The implementation of direct regional head elections in the regions often raises disputes regarding the determination of the results of the vote. Efforts made by candidates who are dissatisfied with this determination are to submit a cancellation to the judicial institution. The update on the system for resolving the election results was carried out by the government to overcome this problem, namely the Government Regulation in Lieu of Law No. 1 of 2014. Problems discussed in this study include: how the dispute resolution mechanism was issued before the regulation, what updates are contained in the regulation how to achieve effective and fair election outcome dispute resolution. This study is a normative legal research that is descriptive in nature using a legal and analytical approach. Based on the results of the study, it can be concluded that the fundamental renewal lies with the institution authorized to handle, namely from the Constitutional Court to the High Court appointed by the Supreme Court. The author recommends that the renewal must be supported by technical regulations to ensure effectiveness and fulfill a sense of justice. Based on this research, the results show that the dynamics of the shifting of dispute resolution authority over the election results are influenced by the decision of the MK opened legally policy and the background of certain events. Namely: the problem of bribery that ensnares the judge, decisions that are considered controversial, case accumulation, and unpreparedness of institutional structure and infrastructure. Regarding the threshold requirements as a condition for receiving a dispute over a dispute over the results of a regional election, it has not yet supported the fulfillment of electoral / election justice. Because it has the potential to ignore aspects of substantive justice, mainly because it does not make the facts of the violations structured, systematic and massive (TSM) as a variable in examining cases. This neglect is not in line with one of the universally adopted principles of law and justice, which states that no one can benefit from irregularities and violations committed by himself and no one may be harmed by irregularities and violations committed by others (nullus / nemo commodum capere potes de injuria sua propria).

Online Dispute Resolution

E-Justice ◽  
2010 ◽  
pp. 87-96
Author(s):  
Melissa H. Conley Tyler
Keyword(s):  
Dispute Resolution ◽  
Communication Technology ◽  
Entire Range ◽  
Digital Government ◽  
Domain Name ◽  
Online Dispute Resolution ◽  
The World ◽  
Information And Communication ◽  
Governance Institutions ◽  
Tools And Techniques

Every community—whether physical or virtual will inevitably experience conflict. New ways of interacting through information and communication technology has led to new conflicts, such as domain name or e-commerce disputes. At the same time, governments need to deal with the entire range of disputes in society, whether crimes, neighborhood disputes, ethnic conflict, or disputes with its own employees. A key role for government and for e-governance is providing mechanisms to help resolve these disputes. The emerging area of online dispute resolution (ODR) potentially offers a useful set of tools and techniques for resolving disputes. Capable of being used for both online and offline disputes, ODR has already proved that it can provide effective resolution for at least some disputes: more than 1.5 million cases had been successfully resolved online to July 2004 (Conley Tyler, 2005). Governments and e-governance institutions around the world are adopting or considering the applicability of ODR as a tool for digital government.

Don't Thing but Look

2009 ◽  
pp. 177-190
Author(s):  
Konstantinos Komaitis
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Regulatory Framework ◽  
Uniform Domain ◽  
Domain Name ◽  
Domain Names ◽  
The Past ◽  
Electronic Transactions

Over the past decade, electronic commerce has expanded and has provided new ways of conducting businesses in a brand new environment. Lately u-commerce seems to be pioneering the field of electronic transactions. Where ‘u’ stands for ubiquitous, unison, unique and universal, u-commerce offers the opportunity to users to conduct business everywhere and at any given moment in time. The simplicity of u-commerce transactions makes the issue of domain names more relevant than ever before. This chapter examines the procedural unfairness of the Uniform Domain Name Dispute Resolution Policy (UDRP) in an effort to demonstrate that the ‘regulatory’ framework surrounding domain names does not respect their technological necessity.

Domain Name Law And Practice

2015 ◽  
Keyword(s):  
Dispute Resolution ◽  
Trade Mark ◽  
Brand Strategy ◽  
Uniform Domain ◽  
Application Process ◽  
Domain Name ◽  
Domain Names ◽  
Protection Mechanisms ◽  
Trade Mark Law ◽  
And Function

An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 36 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Portugal, and South Africa. The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the developing case law in the field, as well as the alternative dispute resolution procedures. In its second edition, this work analyses, in depth, key developments in the field including ICANN's new gTLD program. The program, introducing more than 700 new top-level domains, will have far-reaching consequences for brand name industries worldwide and for usage of the internet. The complicated application process is considered in detail as well as filing and review procedures, the delegation process, the role and function of the Trademark Clearing House and the Sunrise and Trademark Claims Services, dispute resolution, and new rights protection mechanisms. Other developments covered include new registration processes such as the use of privacy and proxy services, as well as the expansion of the scope of internationalized domain names, including the addition of a number of generic top-level domains such as “.tel” and “.travel”. Also considered are developments relating to the Uniform Domain Name Dispute Resolution Policy (UDRP) in terms of the nature of cases seen under the Policy and the number of cases filed, as well as the recent paperless e-UDRP initiative. The Uniform Rapid Suspension System, working alongside the UDRP in the new gTLD space, is also discussed in a new chapter on this process. Giving detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy, this leading work in international domain name law is essential reading for practitioners in the field.

scholarly journals Pelaksanaan Klausul Penyelesaian Sengketa Dalam Akad Perbankan Syariah Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Pada Bank Syariah Mandiri KCP Indramayu

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 147
Author(s):  
Mahpudin Mahpudin ◽  
Akhmad Khisni
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Court Decision ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Choice Of Law ◽  
Legal Uncertainty ◽  
The Law ◽  
The Republic ◽  
Dispute Resolution Mechanism

ABSTRAKPutusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 telah membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah adalah soal kepastian hukum. Hal ini dikarenakan dalam Penjelasan pasal 55 ayat (2) menimbulkan ketidakpastian hukum antara pilihan hukum dalam lingkup peradilan umum dengan pilihan hukum dalam lingkup peradilan agama. Kepastian hukum secara normatif adalah ketika suatu peraturan dibuat dan diundangkan secara pasti karena dapat memberikan pengaturan secara jelas dan logis. Jelas dalam arti tidak menimbulkan keragu-raguan atau multi tafsir, dan logis dalam arti hukum tersebut menjadi suatu sistem norma dengan norma lain sehingga tidak berbenturan atau menimbulkan konflik norma ataupun adanya kekaburan dan kekosongan norma. Asas ini dapat dipergunakan untuk dapat mengatasi persoalan dalam hal konsep mekanisme dan pilihan hukum dalam penyelesaian sengketa perbankan syariah;Pilihan forum penyelesaian sengketa Perbankan Syariah berdasarkan Putusan Mahkamah Konstitusi Republik Indonesia Nomor : 93/PUU-X/2012 Tanggal 29 Agustus 2013 yang membatalkan Penjelasan Pasal 55 ayat (2) Undang-Undang Republik Indonesia Nomor 21 Tahun 2008 Tentang Perbankan Syariah harus dinyatakan secara tegas menyatakan dan menyepakati apakah memilih forum Arbitrase Syariah atau menentukan pilihan forum Pengadilan Agama dalam rumusan klausula Penyelesaian Perselisihan atau Sengketa dalam Akad Perbankan Syariahnya. Artinya memilih atau menentukan salah satu forum mekanisme penyelesaian sengketa syariah yaitu forum BASYARNAS atau Pengadilan Agama, bukan menggabungkan keduanya dalam satu rangkaian rumusan klausula penyelesaian sengketa.Kata kunci : klausul penyelesaian sengketa, akad perbankan syariah, putusan Mahkamah Konstitusi ABSTRACTDecision of the Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 has annulled the Elucidation of Article 55 paragraph (2) of Law of the Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking is a matter of legal certainty. This is because in the Elucidation of article 55 paragraph (2) raises legal uncertainty between the choice of law within the scope of general justice with the choice of law within the scope of religious court. Normative legal certainty is when a rule is created and enacted as it can provide clear and logical arrangements. Clearly in the sense that there is no doubt or multi-interpretation, and logical in the sense that the law becomes a system of norms with other norms so as not to clash or cause conflict of norms or the existence of vagueness and void norms. This principle can be used to solve the problem in terms of the concept of mechanism and choice of law in solving the dispute of sharia banking;The choice of dispute resolution forum of Sharia Banking pursuant to Decision of Constitutional Court of the Republic of Indonesia Number 93 / PUU-X / 2012 dated August 29, 2013 which annul the Elucidation of Article 55 paragraph (2) of Law of Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking must be stated expressly declare and agree on whether to vote for a Shari'ah Arbitration Forum or to determine the choice of Religious Court forums in the formulation of a Clause or Dispute Settlement clause in its Sharia Banking Agreement. It means choosing or determining one of the forums of dispute resolution mechanism of sharia namely BASYARNAS or Religious Court, not merging the two in a series of dispute settlement clause formulas.Keywords: clause of dispute settlement, syariah banking contract, Constitutional Court decision

scholarly journals Domain Name and Its Protection in India

2019 ◽  
Vol 8 (2S3) ◽  
pp. 1322-1324
Keyword(s):  
Dispute Resolution ◽  
Present Article ◽  
Homo Sapiens ◽  
Third Party ◽  
Domain Name ◽  
Internet Protocols ◽  
Identification Process ◽  
Domain Names ◽  
Resolution System ◽  
Dispute Resolution System

The present article deals with the concept of domain name, its protection and conflicts arising out of malafide registration of the same. Before proceeding further, it is important to give a brief on what domain names are. A domain name is an actual name given to an Internet Protocol and has every qualification of identification. Since Internet protocols are complex combination of alpha numeric values, the domain names makes the identification process of a network easy to remember. For example, remembering ‘humans’ is easier than ‘homo sapiens’ and convenient also. Similarly remembering ‘www.google.com’ is easier than ‘64.233.191.255’ . In later part of the research registration of domain names have been discussed in detail. In case of use of such registered domain name by third party unauthorizedly will amount to offence. The researcher has further thrown light on conflicts arising out of such unauthorized use and the judicial pronouncements towards the same. At the end various findings and suggestions regarding better dispute resolution system has been discussed.

scholarly journals The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in Indonesia

2021 ◽  
Vol 8 (7) ◽  
pp. 278
Author(s):  
Irene Fransisca Liemanto ◽  
Siti Hamidah ◽  
Reka Dewantara
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
Dispute Settlement ◽  
Descriptive Analysis ◽  
Electronic System ◽  
Legal Basis ◽  
Online Dispute Resolution ◽  
System States ◽  
The Government ◽  
Online Arbitration

The purpose of this study is to analyze the urgency of arrangements regarding Online Arbitration in dispute resolution on e-commerce transactions and to analyze the conceptualization of Online Arbitration in dispute resolution on e-commerce transactions. This research uses the statue approach to analyzing and tracing the regulations related to Online Dispute Resolution (ODR) and trade disputes. The legal material analysis technique was carried out by using the descriptive analysis method. ODR must have a clear legal basis. But in reality, in Indonesia until now the ODR does not have a legal basis even though in several laws and regulations it has opened opportunities for ODR to enter and also in article 72 paragraph (2) of the Government Regulation No. 80 of 2019 concerning Trade Through Electronic System states that settlement of disputes through electronic systems can be resolved via ODR. The ODR concept, especially online arbitration, which will be adopted by Indonesia, can be implemented by first reformulating existing regulations, particularly in Law No. 30 of 1999 concerning Arbitration and Other Alternative Dispute Resolution. By reformulating the rules contained in the Law, it can be used as a rule that also underlies the use of ODR in Indonesia. Incorporating the ODR concept into Indonesia is also carried out by making comparisons with other countries that have used it first so that Indonesia has an overview and inspiration in making the concept of ODR in Indonesia.

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