Sharia Banking ICT: Online Dispute Settlement (ODR) As Alternative Settlement In The Sharia Banking Industry In Indonesia

Abstract

The development of sharia business activities and Islamic financial institutions in Indonesia has the potential to cause disputes between the parties. Therefore, it is necessary to resolve disputes following current conditions where almost all activities are carried out quickly and efficiently through the help of the internet. Information and communication technology (ICT) is growing rapidly and is used in various fields of life, including the banking industry in Indonesia. Departing from legal uncertainty in the settlement of Islamic financial disputes in Indonesian Islamic Banking and existing alternative dispute resolution institutions, access to justice for offline and online financial consumers in Indonesia has been limited. This study aims to examine the dispute resolution mechanisms available to Islamic finance consumers and the feasibility of adopting an ODR mechanism for the industry. In addition, the relevant laws and concepts of Islamic law in practice and theory of contemporary dispute resolution about ODR in industry. The research method used is documentation with a normative juridical approach. The results of the study indicate that ODR is an effective method chosen by the parties in resolving sharia economic disputes due to current needs that demand all activities quickly and easily. ODR also has a clear legal basis through Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In the perspective of sharia economic law, as long as the principles, objectives, and mechanisms of ODR do not conflict with sharia principles.