Academia Open
Vol. 10 No. 2 (2025): December

Reform of the Debt Dispute Resolution System in Indonesian Courts: Pembaharuan Sistem Penyelesaian Perkara Hutang Piutang di Pengadilan Indonesia

Iyan Sentosa Zalukhu (Magister Hukum, Universitas Tarumanagara)
Gunardi Lie (Magister Hukum, Universitas Tarumanagara)



Article Info

Publish Date
20 Nov 2025

Abstract

General Background: The Indonesian civil justice system continues to face structural inefficiencies, including case backlogs, slow proceedings, and high litigation costs. Specific Background: These challenges are especially evident in resolving debt-related default disputes, where creditors—particularly concurrent creditors—often encounter uncertainty and weak enforcement. Knowledge Gap: Despite existing litigation and alternative dispute resolution (ADR) mechanisms, limited effectiveness, inconsistent legal certainty, and gaps in legal culture hinder optimal dispute settlement. Aims: This study analyzes the mechanisms for resolving debt-default disputes, the protection available for concurrent creditors, the application of legal certainty principles, and strategies to strengthen legal culture. Results: Findings show that dispute settlement operates through litigation and ADR; concurrent creditors receive preventive and repressive protections; legal certainty is grounded in Articles 1131–1132 of the Civil Code; and improving legal culture requires education, consistent enforcement, and institutional reform. Novelty: This research integrates doctrinal analysis with empirical judicial data to highlight systemic shortcomings in current debt-dispute resolution, particularly regarding creditor vulnerability and uneven implementation of reform policies. Implications: Strengthening legal frameworks, institutional capacity, and public legal awareness is essential to achieving a faster, simpler, and more affordable civil justice system in Indonesia. Highlights: Highlights the dual mechanisms of resolving debt-default disputes through litigation and ADR. Emphasizes the vulnerability of concurrent creditors and the need for stronger legal certainty. Underscores the importance of legal-culture development to support effective justice reform. Keywords: Debt Dispute Resolution, Legal Certainty, Concurrent Creditors, Civil Justice Reform, Legal Culture

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Journal Info

Abbrev

acopen

Publisher

Subject

Medicine & Pharmacology Public Health

Description

Academia Open is published by Universitas Muhammadiyah Sidoarjo published 2 (two) issues per year (June and December). This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This ...