Legal Certainty Implementation of Arbitration Decisions in Indonesia

DOI

10.2991/assehr.k.200917.003How to use a DOI?

Keywords

Arbitration, Implementation of national and foreign arbitration awards, Legal certainty

Abstract

The establishment of an arbitration institution as an institution or forum for resolving disputes outside the court is not a result of people’s distrust of the current judiciary. In its development, the Arbitration Institution is not only a national issue, but it is seen from its historical development Arbitration institutions become an international issue. On the basis of these international laws, countries that have an interest in arbitration institutions have their own institutions: 1) The International Chamber of Commerce (ICC); 2) The International Center for Settlement of Investment Disputes (ICSID); 3) United Nations Commission on International Trade Law (UNCITRAL / UAR). Act number 5, 1958 is an agreement on the convention on the Settlement of Disputes between States and Foreigners concerning Investment (convention on settlement of investment disputes between State and National of Other States). This convention is also called the World Bank Convention. Presidential Decree (KEPPRES) No. 34, 1981 which regulates the Ratification of the Convention on Recognition and enforcement of the foreign Abitral Award (New York Convention 1958). At present Indonesia has Act number 30, 1999 concerning Arbitration and Alternative Dispute Resolution becomes the legal basis for alternative dispute resolution outside the Court. The Indonesian National Arbitration Board can be used as a forum for resolving business disputes with written agreements agreed upon by the parties to the dispute under the Act. Then it becomes another problem, how is the legal force of execution (execution) of the arbitration institution’s decision? the implementation of the arbitration award based on articles 59 through article 64 of Law No. 30 of 1999 involves a court institution to carry out a decision (execution), what if there is a third party lawsuit/resistance (derden verzet) to the execution? how can legal certainty be applied in the implementation of the arbitral institution’s decision? how is the implementation of foreign arbitration decisions in Indonesia and vice versa, how can Indonesian arbitral awards be implemented in other countries?

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Hendri Jayadi
PY  - 2020
DA  - 2020/09/17
TI  - Legal Certainty Implementation of Arbitration Decisions in Indonesia
BT  - Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)
PB  - Atlantis Press
SP  - 11
EP  - 16
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200917.003
DO  - 10.2991/assehr.k.200917.003
ID  - Jayadi2020
ER  -