Analisis Hukum Prosedur dan Verifikasi Pembuktian Elektronik dalam Online Dispute Resolution (ODR) di Indonesia

Abstract

Online Dispute Resolution (ODR) has emerged as an alternative mechanism for resolving disputes arising from electronic commerce (e-commerce) transactions. This study aims to analyze the legal compatibility of ODR procedures under Indonesian arbitration and electronic transaction regulations, as well as to examine the verification of digital evidence in ODR based on electronic certification provisions under the Electronic Information and Transactions Law. This research employs a normative juridical method using secondary data obtained from legislation, legal literature, journals, and other relevant legal documents. The findings indicate that ODR provides several advantages, including time and cost efficiency, accessibility, and flexibility, through online negotiation, mediation, conciliation, and arbitration. Its legal foundation is associated with Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and Law Number 11 of 2008 concerning Electronic Information and Transactions, as amended by subsequent legislation. However, Indonesian law has not comprehensively regulated the technical procedures for online dispute resolution, particularly regarding online arbitration, formal requirements for arbitral awards, and the legal certainty of electronic proceedings. Furthermore, the verification of digital evidence requires reliable identification of the parties, the validity of electronic contracts, and the authentication of electronic documents and signatures. Although electronic information, documents, and signatures may have legal evidentiary value when they meet statutory requirements, ODR implementation still faces challenges, including limited accredited electronic certification, inadequate technological infrastructure, and insufficient digital literacy. Therefore, harmonizing relevant regulations, strengthening electronic security and certification systems, and improving public digital literacy are necessary to ensure that ODR operates effectively, securely, and with legal certainty in Indonesia.