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VOL. 12, ISSUE 1 (2026)
Balancing procedural fairness and efficiency in contemporary civil justice systems
Authors
Dewa Ayu Putri Sukadana, Ida Bagus Wyasa Putra, I Gusti Ayu Putri Kartika, I Nyoman Bagiastra
Abstract
The effectiveness of civil justice systems
largely depends on their ability to ensure both procedural fairness and
judicial efficiency in resolving disputes. Procedural fairness guarantees that
litigants are treated equally and provided with adequate opportunities to
present their claims and evidence before an impartial tribunal. At the same
time, modern courts face increasing challenges related to case backlogs,
lengthy litigation processes, and rising procedural costs, which require
improvements in judicial efficiency. This study aims to analyze the
relationship between procedural fairness and efficiency in contemporary civil
justice systems and to examine how these two principles can be balanced within
civil procedural frameworks. The research employs normative legal research with
conceptual and comparative approaches, relying on legal materials obtained
through library research, including laws, academic books, and scholarly journal
articles. The findings indicate that although procedural fairness and efficiency
may sometimes appear to be conflicting objectives, they should be understood as
complementary principles within modern civil procedure. Various reforms such as
case management systems, alternative dispute resolution mechanisms, and the
digitalization of judicial processes have been implemented to enhance
efficiency while maintaining procedural safeguards. The study concludes that
achieving a balanced civil justice system requires continuous procedural
reform, effective judicial management, and the careful integration of
technological innovations to ensure that disputes are resolved both fairly and
efficiently
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Pages:474-478
How to cite this article:
Dewa Ayu Putri Sukadana, Ida Bagus Wyasa Putra, I Gusti Ayu Putri Kartika, I Nyoman Bagiastra "Balancing procedural fairness and efficiency in contemporary civil justice systems". International Journal of Law, Vol 12, Issue 1, 2026, Pages 474-478
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