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ISSN 2063-5346
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THE SETTLEMENT OF BUSINESS DISPUTES IN ELECTRONIC TRANSACTIONS (E-COMMERCE) BASED ON JUSTICE VALUES

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Sarman Sinaga, Anis Mashdurohatun, Gunarto
» doi: 10.31838/ecb/2023.12.s3.394

Abstract

Economic activity using internet media is known as e-commerce. The advantage of e-commerce is to provide convenience for consumers in transactions, because consumers do not have to meet physically, while for sellers, ecommerce can cut operating costs. Economic activity using the internet or e-commerce media on the one hand is very beneficial to the consumer, but on the other hand there can be a violation of the rights as a very risky consumer happens. Possible disputes are between business actors and consumers. Effective and efficient ways to solve the problem should be selected. From the background mentioned, the researchers formulated the problem, namely: How settle the Business Dispute in E-Commerce Based (E-Commerce) Justice? The researchers used the paradigm constructivism. Type of research used was descriptive-analytical research. The approach method used was socio legal research. The study of socio legal research is a study that "combines" the study of doctrinal law with social studies. Sources of the data in the study consisted of data obtained directly and from library materials. This study used secondary and primary data obtained through data collection methods in the following way: Library study and field study done by conducting interviews. The data analysis used was descriptive qualitative. Research Results show that online arbitration is very appropriate to be applied as an effort to resolve the dispute in e-commerce. The e-commerce nature does not know the distance, anyone can connect with only using internetconnection. In Indonesia, it has been regulated on Information and Electronic Transaction in Law No. 11 of 2008 and Law No. 7 of 2014 in Chapter VIII on Trade through electronic systems. This opportunity should be utilized by the government to immediately make a new regulation on the dispute settlement through online arbitration as Law No. 30 of 1999 which regulates conventional arbitration which is currently still used as an alternative dispute resolution in the case of e-commerce disputes. It is in the sense of not following the development of the times to be enacted in the settlement of the Online Dispute. E-commerce is becoming more modern with technological developments that are increasingly advanced. Therefore, it is needed appropriate ways and clear legal efforts.

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