FADLILNAUFAL, MUHAMMAD DAFFA and Mahfud, Muh.Afif and Hananto, Pulung Widhi Hari (2026) THE PROSPECTS OF SPECIAL REGULATION FOR ONLINE DISPUTE RESOLUTION (ODR) TO PROTECT ONLINE CONSUMER IN INDONESIA. _083 DG 2026. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

This research aims to analyze the urgency of establishing specific Online Dispute Resolution (ODR) regulations within the consumer protection system in Indonesia, as well as to formulate the prospects and ideal architecture of ODR regulations based on a comparative study with the European Union model and UNCITRAL international standards. Indonesia, as the largest e-commerce market in Southeast Asia with 229.4 million internet users and digital transaction values reaching Rp 487 trillion per year, is facing a surge in digital consumer disputes characterized by low value, high volume, and cross-jurisdictional nature. This indicates a mismatch with conventional dispute resolution mechanisms such as BPSK or simple lawsuits. Although the need for ODR is very urgent, studies mapping the legal gaps of ODR in Indonesia and formulating its regulatory architecture are still limited, creating academic and practical voids. This research uses a normative-doctrinal legal method with legislative, conceptual, and comparative approaches. The results show that the existing legal framework experiences a paradigmatic failure because it is designed for physical-local disputes. Referring to the theoretical framework of Law 3.0 and
the concept of technology as the Fourth Party, this gap includes the absence of norms for ODR procedures and adequate digital execution mechanisms. A comparative study with the European Union model provides both positive and negative lessons. The ideal ODR regulation for Indonesia should be built on normative, technical, and ecosystem foundations, with the hope of providing input for lawmakers and academic contributions in the development of cyber law studies and digital consumer protection.
Keywords: Online Dispute Resolution, Online Consumer Protection, Lex Specialis, E-Commerce, UNCITRAL, European Union, Technology Regulation

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