Rekonstruksi Tanggung Jawab Hukum Marketplace dalam Perlindungan Konsumen dan Pengembangan Online Dispute Resolution pada Transaksi Digital di Indonesia

Abstract

The development of e-commerce has driven the growth of marketplaces as the primary vehicle for digital transactions in Indonesia; however, it has also led to an increase in consumer disputes that has not yet been addressed by regulations governing platform liability or effective dispute resolution mechanisms. This study aims to analyze the legal status of marketplaces within the e-commerce ecosystem, reconstruct the legal liability of marketplaces for consumer losses, and formulate an Online Dispute Resolution (ODR)-based dispute resolution model as an instrument for digital consumer protection. The study employs a normative legal method using legislative, conceptual, and case-based approaches. Legal data collection was conducted through a literature review of relevant laws and regulations, court decisions, books, and scholarly articles. The research findings indicate that marketplaces can no longer be positioned as passive intermediary platforms but rather as responsible digital platforms bearing legal liability under the Consumer Protection Act, the Electronic Information and Transactions Act, Government Regulation No. 71 of 2019, and the Personal Data Protection Act. This study also found ambiguities in the norms regarding the limits of marketplace liability as well as the ineffectiveness of conventional dispute resolution mechanisms. The novelty of this research lies in the formulation of the Integrated Consumer Online Dispute Resolution System (IC-ODRS) concept, which integrates marketplaces, the BPSK, and regulators to resolve digital consumer disputes quickly, simply, and at low cost, thereby ensuring legal certainty and fair consumer protection.