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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Fathan Qorib
The controversial Draft of Government Regulation on E-Commerce (Draft Regulation) garners another criticism. Cyberlaw practicioners are currently involved in the debate dueto the previous criticism launched by the business circle. The Indonesia Cyber Law Community (ICLC), represented by Chairman Teguh Arifiyadi, pointed out that the concept of online dispute resolution (ODR) should be explained in detail by the Draft Regulation.Detailed provisions on dispute resolution, according to Mr. Arifiyadi, is important as the Draft Regulation leans more on consumer protection. Therefore, balancing consumer protection and the interests of E-Commerce service providers are more important.
Mr. Arifiyadi suggests that the Draft Regulation needs to refer e-commerce crimes to the provisions of Law No. 11 of 2008on Electronic Transaction and Information (IT Law). According to him, IT Law can effectively deal with domestic e-commerce crimes.
“Cross-border e-commerce crimes, on the other hand, are different. Even other countries are having difficulties handling the matter,” said Mr. Arifiyadi last Friday.
In relation to cross-border issues, Mr. Arifiyadi also questioned the provision in which the Draft Regulation automatically applies for customers originated from Indonesia. Mr. Arifiyadi hoped that the government explains about the implementation of the provision.
The ICLC Chairman explains that e-commerce sector is similar to the general IT sector, which means the crime methods are also similar. The majority of the crime does not constitute a cyber crime, but conventional crime with the cyber world as a medium such as online fraud or impersonation. However, cyber crimes such as hacking and tracking might also occur.
Due to that situation, there is a need to establish an independent agency that specializes on handling electronic transaction dispute settlements. The United Kingdom, for example, established the Security Federal Officer (SFO) to handle disputes related to electronic transactions. The dispute will be handled by its panelists who will then determine the nature of the dispute, whether it is a civil lawsuit or a criminal offence.
Mr. Arifiyadi asserted that with an agreement from all stakeholders, the establishment of such an independent agency could be performed without the government. A law on this matter might be necessary if the agency were funded by the government.
(hot/ja/nm)
Marcell Sihombing, Fathan Qorib
The controversial Draft of Government Regulation on E-Commerce (Draft Regulation) garners another criticism. Cyberlaw practicioners are currently involved in the debate dueto the previous criticism launched by the business circle. The Indonesia Cyber Law Community (ICLC), represented by Chairman Teguh Arifiyadi, pointed out that the concept of online dispute resolution (ODR) should be explained in detail by the Draft Regulation.Detailed provisions on dispute resolution, according to Mr. Arifiyadi, is important as the Draft Regulation leans more on consumer protection. Therefore, balancing consumer protection and the interests of E-Commerce service providers are more important.
Mr. Arifiyadi suggests that the Draft Regulation needs to refer e-commerce crimes to the provisions of Law No. 11 of 2008on Electronic Transaction and Information (IT Law). According to him, IT Law can effectively deal with domestic e-commerce crimes.
“Cross-border e-commerce crimes, on the other hand, are different. Even other countries are having difficulties handling the matter,” said Mr. Arifiyadi last Friday.
In relation to cross-border issues, Mr. Arifiyadi also questioned the provision in which the Draft Regulation automatically applies for customers originated from Indonesia. Mr. Arifiyadi hoped that the government explains about the implementation of the provision.
The ICLC Chairman explains that e-commerce sector is similar to the general IT sector, which means the crime methods are also similar. The majority of the crime does not constitute a cyber crime, but conventional crime with the cyber world as a medium such as online fraud or impersonation. However, cyber crimes such as hacking and tracking might also occur.
Due to that situation, there is a need to establish an independent agency that specializes on handling electronic transaction dispute settlements. The United Kingdom, for example, established the Security Federal Officer (SFO) to handle disputes related to electronic transactions. The dispute will be handled by its panelists who will then determine the nature of the dispute, whether it is a civil lawsuit or a criminal offence.
Mr. Arifiyadi asserted that with an agreement from all stakeholders, the establishment of such an independent agency could be performed without the government. A law on this matter might be necessary if the agency were funded by the government.
(hot/ja/nm)