The Role of Commercial Law in Handling Business Disputes in Indonesia: A Literature Review

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 e
arbitration 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.