Tracing Digital Collusion: A Forensic Legal Framework for Asset Recovery in Indonesian E Commerce

Abstract

Seller collusion on e-commerce platforms threatens fair competition, financial integrity, and consumer trust. This study examines Indonesia’s capacity to trace and recover assets derived from digital collusion by analyzing its legal, forensic, and institutional readiness. Using a doctrinal legal approach combined with digital forensic protocols under ISO/IEC 27037, the study integrates three empirical datasets: seller account metadata, financial transaction flows (virtual accounts, e-wallets, and bank accounts), and enforcement records (asset seizures, freeze orders, and beneficial ownership disclosures). International case comparisons with the United Kingdom and the United States provide contextual benchmarks. Findings reveal that Indonesia’s current legal instruments—including the Anti-Money Laundering Law (Law No. 8/2010), KUHAP Articles 39 and 46, and Presidential Regulation No. 13/2018 on Beneficial Ownership—are conceptually strong but remain underutilized in practice. Operational barriers such as institutional silos, lack of real-time data access, and limited forensic expertise hinder effective asset recovery. Nonetheless, forensic analytics evidence—like synchronized pricing, mutual refund loops, and shared account linkages—demonstrates feasible detection pathways. The integration of AI-based tools and graph analytics is highlighted as a promising solution. The discussion stresses the need for regulatory synchronization, risk-based privacy access, and adherence to global standards like POCA and BSA. Compliance with the Personal Data Protection Law (Law No. 27/2022) through encryption and pseudonymization is also crucial. The study concludes that strengthening legal frameworks, enhancing forensic capabilities, and implementing ethical data governance are essential for Indonesia to advance its digital asset tracing and recovery efforts.