Juridical Problems in the Execution of Final and Binding Arbitration Verdicts in Indonesia at Indonesian Disputes Council

Arbitration is one type of alternative business dispute resolution both at the national and international levels outside the court. The requirement for a dispute to be resolved through arbitration is a written agreement between the parties. This research aims to find out the problems of implementing arbitration dispute resolution verdicts which are final and binding in Indonesia. The methodology used by this research is descriptive normative legal research with a statutory and conceptual approach supported by empirical research. This research finds that in the settlement of business disputes, the implementation of arbitration verdict has not gone well, especially the execution. The execution of an arbitration verdict must be done voluntarily. However, if it has not been carried out, it can be requested to the Chairman of the District Court for conventional National Arbitration and for Sharia Arbitration to the Chairman of the Religious Court to force the respondent to execute the verdict. The execution process still finds challenges and consumes a long time and a large amount of money, also ignoring legal certainty.

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Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2024-12-01
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Juridical Problems in the Execution of Final and Binding Arbitration Verdicts in Indonesia at Indonesian Disputes Council

SHILAP Revista de lepidopterología
Indonesian Legal and Regulatory Studies
article

Juridical Problems in the Execution of Final and Binding Arbitration Verdicts in Indonesia at Indonesian Disputes Council

article en

Abstract

Arbitration is one type of alternative business dispute resolution both at the national and international levels outside the court. The requirement for a dispute to be resolved through arbitration is a written agreement between the parties. This research aims to find out the problems of implementing arbitration dispute resolution verdicts which are final and binding in Indonesia. The methodology used by this research is descriptive normative legal research with a statutory and conceptual approach supported by empirical research. This research finds that in the settlement of business disputes, the implementation of arbitration verdict has not gone well, especially the execution. The execution of an arbitration verdict must be done voluntarily. However, if it has not been carried out, it can be requested to the Chairman of the District Court for conventional National Arbitration and for Sharia Arbitration to the Chairman of the Religious Court to force the respondent to execute the verdict. The execution process still finds challenges and consumes a long time and a large amount of money, also ignoring legal certainty.

SHILAP Revista de lepidopterología
Universitas Bhayangkara Surabaya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 26%
Indonesian Legal and Regulatory Studies
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Juridical Problems in the Execution of Final and Binding Arbitration Verdicts in Indonesia at Indonesian Disputes Council · SHILAP Revista de lepidopterología (2024) | TGRS Research Map | TGRS