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All Journal Jurnal CENDIKIA ISNU ISNU Nine-Star Multidisciplinary Journal (INS9MJ) Jurnal Cendikia ISNU SU
Vivian Alyssa Chandra
Universitas Islam Negeri Sumatera Utara
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The Role of Commercial Law in Handling Business Disputes in Indonesia: A Literature Review Laila Rizqillah; Vivian Alyssa Chandra; Ryan fahri rangkuti; Aulia putri; Ahmad Syaugi Rifai Rabbani
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 2 (2025): ISNU Nine Star September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i2.804

Abstract

This study examines the role of commercial law in resolving business disputes in Indonesia, focusing on the legal framework, dispute resolution institutions, and implementation challenges. This literature review explores how commercial law, including the Commercial Code (KUHD), Law Number 30 of 1999 concerning Arbitration, and the Electronic Information and Transactions Law (UU ITE), contributes to creating justice, legal certainty, and efficiency in resolving business conflicts. Furthermore, this study analyzes the importance of harmonizing domestic law with international standards to support global trade. The findings indicate that although mechanisms such as arbitration and mediation have become effective alternatives, challenges such as high costs, low legal literacy, and gaps in the implementation of earbitration still hamper the effectiveness of dispute resolution. This article provides strategic recommendations, including increasing the accessibility of arbitration institutions and commercial courts, developing e-arbitration, and improving legal literacy for business actors. This study is expected to serve as a reference in strengthening the role of commercial law in supporting a fair and sustainable business climate in Indonesia.
The Role and Legal Responsibilities of Directors and Commissioners in Facing Administrative, Criminal and Civil Risks Indra Utama Tanjung; Vivian Alyssa Chandra; Khania Amanda Salsabila; Ryan Fahri Rangkuti; Aufiya Muhammad Syukri Al Ghiffary
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.844

Abstract

This article examines the roles and legal responsibilities of directors and commissioners in corporate law, particularly regarding administrative, criminal, and civil risks. Directors, as the managing body, and commissioners, as supervisors, have legal obligations inherent in their strategic functions. In the Indonesian legal system, violations of the principles of prudence and good faith can give rise to personal liability. This study uses a normative juridical approach by analyzing relevant laws and regulations and jurisprudence. The results of the study indicate that there is still a lack of clarity in the application of accountability standards, particularly in distinguishing between corporate and individual management responsibilities. This lack of clarity can create legal uncertainty and risks for company managers. Therefore, this article recommends updating legal norms and strengthening the principles of good corporate governance as preventive measures to clarify the boundaries of responsibility and minimize legal risks for directors and commissioners.
The Role and Legal Responsibilities of Directors and Commissioners in Facing Administrative, Criminal and Civil Risks Indra Utama Tanjung; Vivian Alyssa Chandra; Khania Amanda Salsabila; Ryan Fahri Rangkuti; Aufiya Muhammad Syukri Al Ghiffary
Jurnal Cendikia ISNU SU Vol. 1 No. 3 (2024): Vol 1. No 3 Des 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i2.844

Abstract

This article examines the roles and legal responsibilities of directors and commissioners in corporate law, particularly regarding administrative, criminal, and civil risks. Directors, as the managing body, and commissioners, as supervisors, have legal obligations inherent in their strategic functions. In the Indonesian legal system, violations of the principles of prudence and good faith can give rise to personal liability. This study uses a normative juridical approach by analyzing relevant laws and regulations and jurisprudence. The results of the study indicate that there is still a lack of clarity in the application of accountability standards, particularly in distinguishing between corporate and individual management responsibilities. This lack of clarity can create legal uncertainty and risks for company managers. Therefore, this article recommends updating legal norms and strengthening the principles of good corporate governance as preventive measures to clarify the boundaries of responsibility and minimize legal risks for directors and commissioners.
Co-Authors Ahmad Syaugi Rifai Rabbani Aufiya Muhammad Syukri Al Ghiffary Aulia putri Indra Utama Tanjung Khania Amanda Salsabila Laila Rizqillah Ryan Fahri Rangkuti