Penerapan Mekanisme Penyelesaian Sengketa Alternatif (Alternative Dispute Resolution) Dalam Electronic Commerce Sebagai Salah Satu Upaya Perlindungan Hukum

ABSTRACT An increace of information technology in commercial activities, is not only giving many advantages for bossiness actors, but also many problems, such as: failures to delivery, errors in order taking and failures to pay. In connection with the above problems, there are a number of questions to be answered in this research, namely: (1) what are the factors that motivate parties to choose the Alternative Dispute Resolution (ADR)? (2) how the ADR in electronic commerce transaction dispute is formally applied?(3) how is the legally binding of ADR institution award in relation to dispute in electronic commerce transaction? The research is a normative juridical research, and all the results will be analyzed by using descriptive analysis method. It is expected that the research will be able to give the whole description, and systematic of the aspect under study. The research emphasizes on literature study, therefore the secondary data or literature materials would be more emphasized than primary data. The Results of the research are: the backgrounds of ADR selection are based on the following factors: mechanism of dispute resolution could be carried out in a fast and cheap, by still keeping the good relation, and all confidential matters of each party. Also the third party that giving assistance in the dispute would be impartially expertthere are differences between menchanism dispute resolution through Arbitration and other alternative dispute solution institutions, i.e. mediation, negotiation, and conciliation. Mechanism dispute resolution through Arbitration has been formulated formally and systematically, therefore all parties will not have so much freedom to make their own process. Formal process in Indonesian Arbitration Institu tion (BANI) has been arranged by the Act no. 30,1999 concerning Arbitration and Alternative Dispute Resolution. Whilst formal process in electronic commerce dispute through mediation, negotiation, and conciliation is given to the agreement of disputed parties, helped by the neutrally third party as mediator and facilitatorlegally binding of alternative dispute resolution award can be divided into 2 (two) parts. The award of Arbitration according to Article 60 Act No. 30, 1999 concerning Arbitration and Alternative Dispute Resolution, which characterized as final and binding, whereas award of Negotiation, Mediation, and Conciliation institution, would be given to the goodwill of disputant parties. And in order to guarantee that there is a certainty the award would be carried out, usually the award would also be transformed into one agreement. The agreement contains terms and conditions, among others, when one party does not carry out the agreement, then the court can enforce the execution of the agreement juridical by the law. Key Words: Alternative Dispute Resolution -- Electronic Commerce -- Legal Protectio