The Urgency of Reforming Indonesian Arbitration Law From a Paradigmatic Perspective

Over time, a growing interest has emerged among various stakeholders in reforming Indonesia’s Law No. 30 concerning arbitration and alternative dispute resolution. The existing Arbitration Law is increasingly viewed as outdated and misaligned with global developments in arbitration. While the need to update Indonesia’s Arbitration Law is evident, it is essential to approach this reform with a well-defined direction rather than merely following current trends without purpose. This study explores the foundational paradigms that could guide Indonesia’s Arbitration Law reform. The study employs a normative legal research method, utilising both statutory and conceptual approaches. The findings suggest that the universalistic particularism paradigm could serve as a basis for reforming Indonesian Arbitration Law. It is recommended that the current Arbitration Law be maintained for domestic arbitration, while the UNCITRAL Model Law on International Commercial Arbitration should be adopted for international arbitration matters.

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Publication Details

Journal
Arena Hukum
Published
2024-08-08
DOI
https://doi.org/10.21776/ub.arenahukum2024.01702.7
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

The Urgency of Reforming Indonesian Arbitration Law From a Paradigmatic Perspective

Budi Endarto, Taufiqurrahman Taufiqurrahman
Arena Hukum
Indonesian Legal and Regulatory Studies
article

The Urgency of Reforming Indonesian Arbitration Law From a Paradigmatic Perspective

Budi Endarto, Taufiqurrahman Taufiqurrahman
article en

Abstract

Over time, a growing interest has emerged among various stakeholders in reforming Indonesia’s Law No. 30 concerning arbitration and alternative dispute resolution. The existing Arbitration Law is increasingly viewed as outdated and misaligned with global developments in arbitration. While the need to update Indonesia’s Arbitration Law is evident, it is essential to approach this reform with a well-defined direction rather than merely following current trends without purpose. This study explores the foundational paradigms that could guide Indonesia’s Arbitration Law reform. The study employs a normative legal research method, utilising both statutory and conceptual approaches. The findings suggest that the universalistic particularism paradigm could serve as a basis for reforming Indonesian Arbitration Law. It is recommended that the current Arbitration Law be maintained for domestic arbitration, while the UNCITRAL Model Law on International Commercial Arbitration should be adopted for international arbitration matters.

Arena HukumVol. 17(2)
Universitas Wijaya Putra (ID)
Openalex Percentile: Top 58%
Indonesian Legal and Regulatory Studies
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The Urgency of Reforming Indonesian Arbitration Law From a Paradigmatic Perspective — Budi Endarto, Taufiqurrahman Taufiqurrahman · Arena Hukum (2024) | TGRS Research Map | TGRS