Implementing confidentiality principles in sharia economic dispute resolution through online dispute resolution in Indonesia

Fidhayanti, Dwi, Noh, Mohd Shahid Mohd, Ramadhita, Ramadhita, Setyobudi, Teguh and Septyanto, Mochamad Fikry Dwi (2025) Implementing confidentiality principles in sharia economic dispute resolution through online dispute resolution in Indonesia. Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan, 25 (1). pp. 33-52. ISSN 1412436X

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Abstract

The resolution of Shariaeconomic disputes through Online Dispute Resolution (ODR) in Indonesia has been growing in parallel with advancements in digital technology. In this context, the principle of confidentiality has become a crucial aspect to protect the privacy and security of the disputing parties' information. This research aims to analyze the implementation of the principle of confidentiality in ODR within arbitration institutions in Indonesia and identify the challenges and solutions related to data protection. The methodology employed is a sociological-juridical approach, utilizing primary data collected through interviews, focus group discussions (FGD), and documentation, alongside secondary data from relevant journals and regulations. The findings indicate that, while institutions such as Basyarnas and BANI have implemented various protocols to uphold confidentiality, including the use of secure digital platforms and strict regulations on data access, significant challenges remain, notably the potential for data breachesdue to cyberattacksor technical negligence. Furthermore, inconsistencies in lawsand legal interpretations have created legal uncertainty, which in turn impactsprivacy protection. The contribution of this research is to provide recommendations for strengthening digital security standards, consistent policies, and raising awareness of the importance of confidentiality in ODR, thereby creating legal certainty and enhancing trust in the online resolution of Shariaeconomic disputes.

Item Type:	Journal Article
Keywords:	Confidentiality Principle; Online Dispute Resolution; Sharia Economic Disputes
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180123 Litigation, Adjudication and Dispute Resolution 18 LAW AND LEGAL STUDIES > 1801 Law
Divisions:	Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User:	Dwi Fidhayanti
Date Deposited:	11 Dec 2025 10:50

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