“Comparative Study on Online Intermediary Service Provider in Indonesia and European Union”

Abstract

By giving exemption of liability of online intermediary services for Indonesia, it is also expected to create one comprehensive and codified regulation applied only for the general internet regime, or possibly only for online intermediary services. The current overlapping creates multiple impositions of rules. Online intermediary services providers are meant to only provide a platform or media for users to use the platform. This research aims to compare the online intermediary service provide between Indonesia and European Union. This a normative legal research using secondary data. The analysis was conducted using a qualitative approach. Results and discussion found that the E.U. E-Commerce Directive 2000/31 could be a reference for the Indonesian government to improve its regulations regarding e-commerce, especially in the online intermediary services provider. However, to adopt the E-Commerce Directive 2000/31 especially articles 12 to 14, where the exemption of liability is regulated, it needs some adjustment to be suitable for the Indonesian legal system and culture.