Urgency, Mechanism, and Efficiency: An Economic Law Framework of Credit Dispute Resolution

This research addresses the critical issue of protracted and costly non-performing loan (NPL) dispute resolution in Indonesia, which impedes economic stability and burdens legal relationships. It novelly applies an economic analysis of law framework to examine the mechanism and urgency of NPL dispute resolution, prioritizing efficiency to optimize resource allocation, minimize transaction costs, and expedite settlements. Employing a normative qualitative approach, this study demonstrates the superior effectiveness of efficiency-based alternative dispute resolution (ADR) mechanisms like mediation and arbitration over conventional litigation. The findings contribute by highlighting ADR's potential to enhance legal certainty and public trust in the financial system. The research urges the strengthening of ADR regulations and institutional capacity to foster a more adaptive and sustainable legal framework for NPL management in Indonesia.

Authors

Publication Details

Journal
Nurani Hukum
Published
2025-05-22
DOI
https://doi.org/10.51825/nhk.v8i1.31466
Primary Topic
Corporate Insolvency and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

Urgency, Mechanism, and Efficiency: An Economic Law Framework of Credit Dispute Resolution

Sukarmi Sukarmi, Budi Santoso, Sihabudin Sihabudin, Mario Ihutan Jeremia
Nurani Hukum
Corporate Insolvency and Governance
article

Urgency, Mechanism, and Efficiency: An Economic Law Framework of Credit Dispute Resolution

Sukarmi Sukarmi, Budi Santoso, Sihabudin Sihabudin, Mario Ihutan Jeremia
article en

Abstract

This research addresses the critical issue of protracted and costly non-performing loan (NPL) dispute resolution in Indonesia, which impedes economic stability and burdens legal relationships. It novelly applies an economic analysis of law framework to examine the mechanism and urgency of NPL dispute resolution, prioritizing efficiency to optimize resource allocation, minimize transaction costs, and expedite settlements. Employing a normative qualitative approach, this study demonstrates the superior effectiveness of efficiency-based alternative dispute resolution (ADR) mechanisms like mediation and arbitration over conventional litigation. The findings contribute by highlighting ADR's potential to enhance legal certainty and public trust in the financial system. The research urges the strengthening of ADR regulations and institutional capacity to foster a more adaptive and sustainable legal framework for NPL management in Indonesia.

Nurani HukumVol. 8(1)
Openalex Percentile: Top 65%
Corporate Insolvency and Governance
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Urgency, Mechanism, and Efficiency: An Economic Law Framework of Credit Dispute Resolution — Sukarmi Sukarmi, Budi Santoso, et al. · Nurani Hukum (2025) | TGRS Research Map | TGRS