Addressing the Regulatory Gaps in Indonesian Financial Alternative Dispute Resolution

This study examines the regulatory gaps in Indonesia’s Alternative Dispute Resolution Institution (LAPS SJK), established by the Indonesian Financial Services Authority (OJK) to resolve disputes between consumers and financial service providers. Using a normative method, the study identifies significant shortcomings in the legal framework governing LAPS SJK. Specifically, the founding of LAPS SJK did not explicitly reference the Law of OJK and its amendments. Moreover, the OJK regulation governing the institution fails to account for the Law on Arbitration and Alternative Dispute Resolution Institutions, leading to inconsistencies in the legal foundation. Additionally, the terminology used in OJK regulations diverges from the Law on the Development and Strengthening of the Financial Sector. This research highlights the need for a more coherent and comprehensive legal framework for financial services dispute resolution in Indonesia.

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Publication Details

Journal
ADLIYA Jurnal Hukum dan Kemanusiaan
Published
2025-06-30
DOI
https://doi.org/10.15575/adliya.v19i1.44761
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00

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article

Addressing the Regulatory Gaps in Indonesian Financial Alternative Dispute Resolution

Dinda Keumala, Setiyono Setiyono, M. M. Zain
ADLIYA Jurnal Hukum dan Kemanusiaan
Indonesian Legal and Regulatory Studies
article

Addressing the Regulatory Gaps in Indonesian Financial Alternative Dispute Resolution

Dinda Keumala, Setiyono Setiyono, M. M. Zain
article en

Abstract

This study examines the regulatory gaps in Indonesia’s Alternative Dispute Resolution Institution (LAPS SJK), established by the Indonesian Financial Services Authority (OJK) to resolve disputes between consumers and financial service providers. Using a normative method, the study identifies significant shortcomings in the legal framework governing LAPS SJK. Specifically, the founding of LAPS SJK did not explicitly reference the Law of OJK and its amendments. Moreover, the OJK regulation governing the institution fails to account for the Law on Arbitration and Alternative Dispute Resolution Institutions, leading to inconsistencies in the legal foundation. Additionally, the terminology used in OJK regulations diverges from the Law on the Development and Strengthening of the Financial Sector. This research highlights the need for a more coherent and comprehensive legal framework for financial services dispute resolution in Indonesia.

ADLIYA Jurnal Hukum dan KemanusiaanVol. 19(1)
Universitas Trisakti (ID), Universiti Teknologi MARA (MY)
Universiti Teknologi MARA, Universitas Trisakti
Openalex Percentile: Top 77%
Indonesian Legal and Regulatory Studies
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