Pattimura Law Journal

Fair Legal Certainty In The Implementation Of International Arbitration Awards (A Socio Legal Study)

Sultan Fauzan Hanif (Branch of District State Attorney Office of Buol, Paleleh)
Rully Faradhila Ariani (Firma Hukum Bagus Enrico & Partners Counsellors At Law, Palele)

Article Info

Publish Date
31 Mar 2022


Arbitration is a method of resolving civil disputes other than in a general court based on an arbitration agreement and made in writing by the disputing parties. For international arbitral awards, there are several requirements that must be met before the decision can be applied for execution and obtain an exequatur in Indonesia, one of which is that the decision does not conflict with public order. However, in several court decisions in Indonesia, this requirement became one of the judges' arguments against the implementation of the decision. The questions in this study are (i) what are the judges' considerations in rejecting the application for the exequatur of an international arbitral award? And (ii) what are the legal implications governing the implementation of international arbitral awards in realizing fair legal certainty? The research method used is the socio-legal method. The results show that the judge's legal considerations regarding what is meant by “public order” among judges also vary. In addition, several articles in Law no. 30 of 1999 is the base of uncertainty regarding the implementation of the international arbitration award in Indonesia which has implications for the collapse of legal certainty in the implementation of the international arbitration award.

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Law, Crime, Criminology & Criminal Justice


The scope of the articles published in this journal deal with a broad range of topics in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Environmental Law, adat law and another section related contemporary issues in ...