The Procedure of Dispute Resolution of Domain Name.ID In Indonesia

Domain name is an internet address of the country organizer, person, business entity, and/or society which can be used in communication through internet, which is a code or character composition which is unique to show the specific location in internet. Generally, domain name known and used by the wide society is a clue name which can deliver to the specific internet page.

Meanwhile, domain name is divided into two types, namely generic domain name and country code domain name. Generic domain name is regulated by Internet Corporation for Assigned Names and Number (ICANN), for example: xxx.com, xxx.edu, xxx.int, and so on. Meanwhile, the Country Code Domain Name ruled by the Law Jurisdiction of particular country, for example: xxx.co.id, xxx.id (for Indonesia).

In order to solve the dispute of domain name.id in Indonesia, it can be settlement by Domain Name Dispute Resolution (PPND). Basically, domain name has been regulated on the Law No. 11 of 2008 regarding information and electronic transaction which has been amended by the Law No. 19 of 2016. However, the Indonesian Government has specifically regulated relating to domain name dispute resolution procedure on Article 75 paragraph (3) of Government Regulation No. 82 of 2012 regarding System Administration and Electronic Transactions stated that the purpose of Indonesian Internet Domain Name Registry (PANDI) is to solve domain name dispute in Indonesia.

PPND is an organization under PANDI functioned to settle a non-litigation dispute for Domain Name Dispute Resolution in Indonesia. PPND can handle 3 (three) types of Domain Name Dispute in Indonesia, namely:

  1. Domain Name Dispute regarding a mark
  2. Domain Name Dispute regarding registered name
  3. Domain Name Dispute regarding decency that lives in society.

In domain name dispute regarding a mark, the applicant should have a registered mark (trademark certificate) in Indonesian Trademark Office to have a legal standing in the domain name which is being disputed. Meanwhile, in domain name dispute regarding registered name, the society can file an objection through the ownership and utilization of the domain name which is identical and having a similarity with proper name, legal entity, or its entity.

Meanwhile, in domain name dispute regarding the decency that lives in society, the society can file an objection with PPND through domain name infringed its decency in the society or contradict or violate the living law.

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