The Prospect of Online Dispute Resolution (ODR) and Business Dispute Resolution in the Legal System in Indonesia

DOI

10.2991/assehr.k.201209.329How to use a DOI?

Keywords

Business Dispute Resolution, Legal System In Indonesia, Online Dispute Resolution (ODR)

Abstract

WHO decided COVID-19 as a global pandemic. Pandemic is a situation in which a disease is spread to a lot of people in a number of countries at the same time. The number of the spreading of the corona virus is significantly increasing and globally continuing. The potentiality of disputes of business activities in the period of COVID-19 is predicted by many people to be increasing. This is due to the decreasing business activities which in the end will lead to the decrease of economic growth. There are many parties that have been bound to business agreement finding it difficult to fulfill their obligations. Potential disputes will exist and dispute resolution can be done through adjudication, non-adjudication, litigation, non-litigation, and also alternative dispute resolutions such as negotiation, mediation, consolidation. However, the problem is how a dispute resolution in a business dispute which is done online can be done in accordance with the legal system in Indonesia, considering that at present online dispute resolution is a need which is suitable for the disruptive era and COVID-19 pandemic which requires all parties to take care of themselves according to health protocol. The method of research applied is normative law research, which is an academic research procedure to find the truth based on the scientific logic on the normative side. A normative research is a process to find the law, the legal principles, and the legal doctrines, in order to answer the legal issues being faced. The legal material analysis used in this research is an analytical descriptive method, which describes things related to problem parsing, elaboration, interpretation, as well as analysis so that it is expected to result in a conclusion based on legal materials that can be accounted for. Indonesia can develop this On line Dispute Resolution (ODR) in order to organize the governance of ODR in a good way and meet the society’s needs to resolve disputes. Improvements are required in various legal principles and norms, readiness of legal institutions and law enforcement, and legal culture connected with ODR in Indonesia.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Pan Lindawaty Suherman Sewu
PY  - 2020
DA  - 2020/12/14
TI  - The Prospect of Online Dispute Resolution (ODR) and Business Dispute Resolution in the Legal System in Indonesia
BT  - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
PB  - Atlantis Press
SP  - 490
EP  - 497
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.329
DO  - 10.2991/assehr.k.201209.329
ID  - Sewu2020
ER  -