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All Journal Nurani Hukum : Jurnal Ilmu Hukum
Sukarmi, Sukarmi
Faculty of Law, Universitas Brawijaya
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Revolutionizing Credit Dispute Resolution: Balancing Creditors and Debtors Interests for Greater Efficiency Jeremia, Mario Ihutan; Sukarmi, Sukarmi; Sihabudin, Sihabudin; Santoso, Budi
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.30921

Abstract

Non-performing loans (NPLs) strain creditor-debtor relationships, jeopardizing economic stability. Traditional dispute resolution methods are costly, time-consuming, and often fail to meet the needs of both parties. This paper introduces a novel, efficiency-based approach to NPL dispute resolution, grounded in economic analysis of law. By optimizing resource allocation, it minimizes transaction costs and resolution time, benefiting both creditors and debtors. Using a qualitative and normative methodology, the study explores the application of efficiency principles in Indonesia. The findings highlight that an efficient dispute resolution paradigm can enhance outcomes, foster trust in the banking system, and provide economic benefits. The paper advocates for legal reforms to promote mediation and arbitration, ensuring faster, cost-effective, and sustainable solutions to NPL disputes.
Urgency, Mechanism, and Efficiency: An Economic Law Framework of Credit Dispute Resolution Jeremia, Mario Ihutan; Sukarmi, Sukarmi; Sihabudin, Sihabudin; Santoso, Budi
Nurani Hukum Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v8i1.31466

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.
Co-Authors Dwi Budi Santoso Jeremia, Mario Ihutan Santoso, Budi Sihabudin Sihabudin, Sihabudin Sihabudin, Sihabudin