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All Journal JURNAL LITIGASI (e-Journal) Journal of Judicial Review Madani: Multidisciplinary Scientific Journal Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Subrata, Rusli
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Pemahaman Terhadap Wanprestasi Debitur: Implikasi Terhadap Manajemen Risiko Kredit di Sektor Perbankan Rahmawati, Syifa Fitri; Subrata, Rusli
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 3 (2024): Juli : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i3.345

Abstract

Debtor default has significant implications for credit risk management in the banking sector. Default, as the failure of a debtor to fulfill its obligations in repaying a loan, not only has the potential to be detrimental to financial institutions, but can also affect the stability of the financial system as a whole. Therefore, research on this phenomenon is very important. This article aims to provide comprehensive insight into understanding debtor default and its impact on credit risk management in the banking sector. A holistic approach to this understanding includes identifying factors that contribute to default, analyzing the characteristics of vulnerable debtors, and evaluating effective risk mitigation strategies. One important aspect discussed is the factors that cause default, including macroeconomic conditions, changes in an individual's financial situation, and behavioral factors. By understanding the root causes of default, banks can identify potential credit risks early and take appropriate steps to manage them. In addition, this article discusses the importance of debtor profile analysis in identifying characteristics that are vulnerable to default. By leveraging advanced technology and data analysis, banks can strengthen their decision-making processes and improve their ability to manage credit risk. Thus, this article not only provides an in-depth review of understanding debtor default, but also provides insight into how banks can improve their credit risk management through targeted and innovative approaches. In conclusion, a better understanding of the debtor default phenomenon will help banks manage credit risk more effectively and strengthen the resilience of the financial system as a whole.
Peran Kritis Advokat dan Organisasi Profesi Advokat dalam Sistem Peradilan Mengenai Tantangan dan Peluang di Era Modern Samsi, Sofia Nur Azizah; Subrata, Rusli
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11520179

Abstract

In a modern era filled with social dynamics, technology, and legal changes, the role of Advocates and Advocacy Organizations in the justice system has become increasingly critical. To explore the challenges and opportunities faced by Advocates and Advocate Professional Organizations in the context of the modern era, as well as how they can play a critical role in facing these challenges. This research method uses a qualitative research method with an empirical juridical method approach. The results showed that the main challenge faced by Advocates and Advocate Professional Organizations is adaptation to technological advances that continue to grow. The digital era brings major changes in the way Advocates and Advocate Professional Organizations conduct document data collection, obtain evidence, and interact with clients and other parties in the justice system. In addition, social, political, and economic changes also affect the dynamics of legal practice, introducing new complexities in the resolution of legal disputes. However, amidst these challenges, the modern era also brings opportunities for Advocates and Advocate Professional Organizations. The integration of technology in the practice of law enables Advocates and Advocacy Organizations to improve the efficiency and accessibility of the justice system. In addition, Advocates and Advocacy Organizations have the opportunity to become agents of change in society by using their voices to fight for fairer and more inclusive legal reforms. With integrity, social sensitivity, and the use of technology, Advocates and Advocacy Organizations can shape the future of a better and fairer justice system in this modern era.
Peran Penasehat Hukum dan Organisasi Profesi Advokat Untuk Memastikan Terjaga Hak Hak Normatif Narapidana Irawan, Hilmi Dwi; Subrata, Rusli
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11520838

Abstract

This research investigates the practice of providing legal aid by legal counsel to prisoners in the context of ensuring that the normative rights of prisoners are implemented. Using a qualitative approach with an empirical juridical approach, this study gained in-depth insights into the role of legal counsel, the challenges faced, and the impact on prisoners. Through interviews, observations, and document analysis, the research findings highlight a number of challenges faced by legal counsel, including legal uncertainty, social stigma, and unequal access to legal resources. However, this research also shows that legal counsel and advocate organizations have a crucial role in ensuring that prisoners continue to have equal access to justice. The results of this study provide a better understanding of the practices of legal counsel and Advocate Organizations in providing legal aid to prisoners and their impact on justice and access to the law. The implications of this research emphasize the importance of cooperation between legal counsel, advocate organizations, government, and civil society organizations in improving the effectiveness of the system of providing legal aid to prisoners. By maintaining a commitment to the principles of justice and human rights, it is hoped that the results of this study can make a positive contribution to efforts to maintain justice for prisoners in the future.
Hybrid Dispute Resolution in Administrative Law: Toward an Integrated Model for Government Conflict Management Subrata, Rusli; Arifin, Firdaus; Maarif, Ihsanul
Journal of Judicial Review Vol. 27 No. 1 (2025): June 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i1.10462

Abstract

The increasing complexity of citizen–government interactions in administrative law has revealed the limitations of litigation-based dispute resolution, which is often criticized for its rigidity, inefficiency, and lack of procedural inclusiveness. This study aimed to develop a conceptual model of Hybrid Dispute Resolution (HDR) that integrates judicial procedures with alternative dispute resolution (ADR) mechanisms to enhance fairness, participation, and institutional responsiveness in resolving administrative disputes. A normative juridical method was employed, incorporating statutory, conceptual, and comparative approaches. Legal frameworks and institutional practices in Singapore, China, and Poland were examined to identify key elements for HDR adaptation within the context of Indonesian administrative law. These findings indicate that HDR, particularly through models such as Med-Arb and Arb-Med, can effectively combine the legal certainty of litigation with the flexibility and participatory benefits of ADR. However, successful implementation requires a robust legal framework, trained mediators, institutional readiness, and public accountability mechanisms. HDR not only provides procedural alternatives but also contributes to the democratization of public administration by enabling citizens to directly engage with the state in resolving disputes. This reflects a paradigm shift toward more adaptive and humanistic governance. The HDR offers a viable framework for reforming administrative dispute resolution systems, with broad implications for access to justice, regulatory innovation, and the enhancement of citizen–state relations in democratic governance.
CAN ALTERNATIVE DISPUTE RESOLUTION MECHANISMS REVOLUTIONIZE CONFLICT AND DISPUTE RESOLUTION IN INDONESIA? Subrata, Rusli
LITIGASI Vol. 24 No. 1 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i1.7198

Abstract

Humans, as Aristotle suggests, are inherently social beings ("zoon politicon"), driven to interact within society. However, Thomas Hobbes presents a contrasting view, describing humans as "homo homini lupus," indicating that human nature is inherently conflict-prone. The pursuit of individual interests often leads to legal conflicts, especially in Indonesia, where dispute resolution can be categorized into litigation and non-litigation methods. The 1999 Arbitration and Alternative Dispute Resolution Law (Undang-Undang No. 30 Tahun 1999) introduced a fresh perspective on conflict resolution. Yet, this law addresses only disputes, overlooking the broader concept of conflict, which often entails more complex societal issues. Additionally, many view alternative dispute resolution (ADR) as limited to civil cases, ignoring its potential application in broader contexts. This research, employing a doctrinal legal research methodology, examines the distinction between dispute and conflict and explores the role of ADR in resolving both. The findings reveal that while ADR is primarily recognized for resolving disputes, its principles can also be applied to broader conflicts that extend beyond civil matters. The novelty of this study lies in its exploration of ADR’s potential to address not only legal disputes but also more profound societal conflicts in Indonesia. The urgency of this research is underscored by the need for an inclusive, effective approach to resolving various legal and societal challenges. The study contributes to the broader understanding of ADR's potential in reshaping Indonesia’s conflict resolution landscape.
Co-Authors Firdaus Arifin, Firdaus Irawan, Hilmi Dwi Maarif, Ihsanul Rahmawati, Syifa Fitri Samsi, Sofia Nur Azizah