Prinsip-Prinsip yang Harus Dipertimbangkan dalam Penyelesaian Sengketa Nama Domain Berdasarkan Undang-Undang Informasi dan Transaksi Elektronik

Author

Wahyudi, SH., M.H Dr. Hetty Hassanah, S.H., M.H.

Abstrak

Domain names can be obtained through Registration & Decision (Dispute Resolution Service Provider - DRSP). The new ITE Law recognizes the existence of domain names as a result of registration at a Foreign Registrar (Art. 24 paragraph (3)). The ITE Law needs to consider the principles in resolving domain name disputes, including DRSP; therefore, there is a need to harmonize the ITE Law with global regulations and practices. The legal issue that arises is what principles can be considered in resolving domain name disputes under the ITE Law? This research is descriptive-analytical, using the normative juridical method. The data obtained were analyzed using a qualitative juridical approach. The research results show that there are several principles needed to be considered in resolving domain name disputes, including what stated in the DRSP decision, i.e., the principle of legal certainty, the Lawrence Lessig “Architecture” principle, which can be applied regarding the recognition, and implementation of decisions by DRSP domain name dispute resolution service providers, as well as the principle of recognition of the ITE Law. These principles need to be considered to be able to follow the development of best practices in the ICT community related to domain name ownership and the online dispute resolution system by DRSP, which is regulated by ICANN in the UDRP and the Registry Agreement and Registrar Agreement in accordance with the theory of “Code” or “Architecture” of Lawrence Lessig.