印尼通过网上非诉讼纠纷解决解决商业商业纠纷

Ayudia Nur Rifdah, Mulyani Zulaeha, Yulia Qamariyanti
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引用次数: 0

摘要

印度尼西亚通过在线非诉讼纠纷解决解决商事纠纷的研究目的是分析印度尼西亚通过ODR形式的非诉讼解决商事纠纷的机制及其法律后果。研究方法以规范性法律研究的形式出现,即利用法律法规,对一般事项进行分析,得出具体结论的方法。本文的研究结果是:首先,包含和含蓄地陈述与ODR相关事项的法律依据包含在1999年关于仲裁和替代性争议解决的第30号法律中,即法律规定的内容也没有提供太多的清晰度。有关如何执行ODR条件、ODR机制和其他解释的详细信息。二是发生在非诉讼ODR争议解决相关规定中的不一致规范,即AAPS法中若干条款之间,所适用的规则或条款之间存在不一致或矛盾,使法律规则变得模糊不清。根据AAPS法的几条规定,仲裁争议解决程序必须书面,而根据AAPS法的其他条款,它可以在线。通过ODR的非诉讼纠纷解决机制存在法律歧义,使当事人觉得在解决案件时没有明确的方向或指示,这使得通过ODR的非诉讼纠纷解决机制的过程没有得到很好的指导,由于法治的不和谐或不一致,使法治变得模糊、模糊和不明确。解决这些法律问题的方法是,政府应该制定专门管理ODR的法律法规,或者修改1999年第30号法律,增加与ODR相关的条款。向政府提供专门通过ODR办理非诉讼纠纷解决的网站和机构,办理商业事务纠纷解决。
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Commercial Business Dispute Settlement Through Online Non-Litigation Dispute Settlement in Indonesia
The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through non-litigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to dispute resolution through non-litigation ODR, namely between several articles in the AAPS Law, there is a discrepancy or contradiction between the rules or articles that apply, so that the legal rules become vague and unclear. Where according to several articles of the AAPS Law it is stated that the Arbitration dispute resolution process must be written, while according to other articles of the AAPS Law it can be online. There is a legal ambiguity in the non-litigation dispute resolution mechanism through ODR, so that the parties feel that there are no clear directions or instructions in resolving cases, this makes the process of non-litigation dispute resolution mechanisms through ODR not well directed, due to disharmony or inconsistency the rule of law, so that the rule of law becomes vague, vague and unclear. The solution to these legal issues is that the government should make legal regulations that specifically regulate ODR or revise Law Number 30 of 1999 and add articles related to ODR. To the Government to provide websites and institutions that can specifically handle non-litigation dispute resolution through ODR to handle commercial business dispute resolution.
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