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All Journal Journal of Education, Humaniora and Social Sciences (JEHSS) JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana
Azwir Agus
Universitas Medan Area
Humanities Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Journal of Education, Humaniora and Social Sciences (JEHSS)

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Aspects of Arbitral Awards in the Indonesian Justice System: Historical and Theoretical Review Azwir Agus
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 6, No 1 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), August
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jehss.v6i1.1780

Abstract

This study aims to analyze aspects of arbitral awards in the Indonesian justice system from historical and theoretical perspectives. The Arbitration Law confirms that arbitral awards have the same legal force as court decisions. The method used in this research is normative legal method. This legal method focuses on the analysis of existing legal norms, including statutory regulations, court decisions, legal principles, and other legal documents in this context, namely, aspects of arbitral awards in the Indonesian justice system. The results of the study show that the implementation of the arbitral award by the parties must be seen as a consequence of choosing arbitration to resolve the dispute, it is the parties who choose their own judges, even for their choice of law, then the implementation of the arbitral award is consciously a necessity of the parties themselves. Arbitration awards can be annulled in the justice system in Indonesia as a form of protection for justice and legal order. Grounds for annulment of an arbitral award, as provided for in the Arbitration Act, may include a breach of procedure, the incompetence of the arbitrator, or an award that violates decency or public decency. Arbitration awards are an important tool in the dispute resolution system in Indonesia, especially in the business and investment sphere.
Co-Authors Aisyah Aisyah Angelica Florencia C. Zega Daniel Gidion Tambunan Immanuel Simanjuntak