Ekspose: Jurnal Penelitian Hukum dan Pendidikan
Vol. 24 No. 1 (2025): Juni

Analisis Strategis ADR sebagai Alternatif Litigasi dalam Sengketa Kontrak Bisnis

Sutanmitrano, Dendely Wiyan (Unknown)



Article Info

Publish Date
19 Aug 2025

Abstract

Dispute resolutions in business contracts through litigation had often time being time consuming, non-cost effective and influenced the relationship between the parties involved. ADR like negotiation, mediation and arbitrage offered a more efficient and flexible strategy. This article aims to analyse ADR strategically as an alternative for litigation, focusing on cost efficiency, strategy planning and normative support in the Indonesian legal system. Through normative legal approach and literature studies, it is found that ADR provide practical benefits by protecting business relations and speeds the conflict resolution progress. UU No. 33 Tahun 1999 and the freedom to contract rightfully supported the application of ADR. With a proper planning, ADR can be a legal strategy that benefits business owners. One of its key advantages is its possibility to mend strained relationships and create the potential for future business opportunities between the parties involved, fostering long-term cooperation. However, ADR is not without its limitations. ADR may be ineffective in situations involving significant power imbalances, as stronger parties may influence the outcome unfairly. Nevertheless, with proper planning and careful consideration of the dispute’s nature, ADR can serve as a strategic legal tool for business owners, balancing efficiency with the preservation of commercial relationships. Ultimately, the choice between ADR and litigation should be guided by both economic and strategic considerations.

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Journal Info

Abbrev

ekspose

Publisher

Subject

Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics

Description

EKSPOSE: Jurnal Penelitian Hukum dan Pendidikan, a scientific journal for disseminating results of conceptual research or studies on law and education, is published two times (June and December) a year. The EKSPOSE: Jurnal Penelitian Hukum dan Pendidikan is managed by the Institute for Research and ...