Handriyanto Wijaya
Universitas Negeri Semarang

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Closing the Justice Gap in Digital Finance Services through Online Dispute Resolution Handriyanto Wijaya; Dewi Sulistianingsih
IBLAM LAW REVIEW Vol. 6 No. 2 (2026): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

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Abstract

Despite the rapid expansion of digital financial services, existing legal frameworks have not adequately addressed the widening access to justice gap in digital financial disputes. The growth of these services has expanded public access to financial products, but also created increasingly complex disputes between consumers and financial service providers. Conventional dispute resolution mechanisms remain limited in responding to the characteristics of digital transactions, which are fast, cross-platform, and technology-driven. This article examines the potential of Online Dispute Resolution (ODR) as a mechanism to strengthen consumer protection and legal certainty in digital financial disputes. The research uses a normative legal approach with statutory, conceptual, and comparative methods. It analyzes the suitability of the existing legal framework with the needs of dispute resolution in the digital era and the prospects for integrating ODR into the financial services dispute resolution system. The study finds that current mechanisms are still constrained by accessibility, efficiency, and responsiveness. ODR offers a more accessible, efficient, and timely alternative while maintaining fairness and legal accountability. Therefore, strengthening the legal and institutional foundations of ODR is essential to narrow the justice gap
Comparative Study of Mediation Practices in Financial Disputes Between Indonesia’s LAPS SJK and Singapore’s FIDReC Framework Handriyanto Wijaya; Dewi Sulistianingsih; Irawaty
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.29031

Abstract

This article conducts a doctrinal and comparative analysis of Indonesia’s LAPS-SJK and Singapore’s FIDReC to examine how institutional design shapes fairness, accessibility, and legitimacy in financial dispute resolution. Drawing on normative legal methods and qualitative thematic analysis, the study evaluates each institution’s governance structure, mediation model, procedural architecture, transparency practices, and enforcement mechanisms. The comparison shows that the two bodies are grounded in distinct regulatory logics that produce markedly different capacities to mitigate information asymmetry in financial disputes. LAPS-SJK adopts a facilitative mediation model that emphasises party autonomy and mediator neutrality. In practice, however, this approach proves inadequate in an environment where consumers face complex financial products and substantial informational disadvantages. The absence of evaluative guidance, combined with a single-tier dispute-resolution structure, limited transparency, and weak enforcement, often restricts consumers’ ability to secure substantively fair outcomes. These features risk reinforcing rather than correcting existing power imbalances. FIDReC, by contrast, employs a hybrid mediation model that permits evaluative input and is supported by a two-tier system in which adjudication operates as a safeguard against unfair settlements. Its robust transparency regime—featuring detailed annual reports and anonymised case summaries—enhances institutional accountability and predictability. Binding outcomes backed by MAS oversight further strengthen compliance and user confidence. The study concludes that effective financial dispute resolution requires more than statutory mandates; it depends on institutional capacity, regulatory coherence, and mechanisms that actively address structural inequalities. The contrasting experiences of LAPS-SJK and FIDReC highlight the importance of transparency, evaluative support, and enforceability in promoting procedural justice and institutional legitimacy.