Research Article
Legal Enforcement for The Implementation of Foreign Arbitration Awards in Indonesia from The Perspective of Law No. 30 Years 1999
@INPROCEEDINGS{10.4108/eai.25-5-2024.2348940, author={Nuni Rakhmawati and Azis Budianto and Lucky Ferdiles}, title={Legal Enforcement for The Implementation of Foreign Arbitration Awards in Indonesia from The Perspective of Law No. 30 Years 1999}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2024}, month={8}, keywords={law enforcement implementation of foreign arbitration awards in indonesia law no 30 of 1999}, doi={10.4108/eai.25-5-2024.2348940} }
- Nuni Rakhmawati
Azis Budianto
Lucky Ferdiles
Year: 2024
Legal Enforcement for The Implementation of Foreign Arbitration Awards in Indonesia from The Perspective of Law No. 30 Years 1999
ICLSSEE
EAI
DOI: 10.4108/eai.25-5-2024.2348940
Abstract
This research aimed examining the job of Regulation No. 30 of 1999 concerning Discretion and the impediments encountered in its implementation, this research endeavors to contribute towards refining the legal framework and augmenting the efficacy of dispute resolution mechanisms in Indonesia. Secondary data sources were utilized, and a qualitative descriptive approach was employed for data analysis. Conclusions were derived utilizing a deductive method. This investigation yields insights elucidating the imperativeness of law enforcement in the foreign arbitration awards in Indonesia. It is imperative to recognize that the legal underpinnings governing this realm emanate not solely from Law No. 30 of 1999 concerning Arbitration but also from the Criminal Code (KUHP). Provisions within the Arbitration Law furnish a lucid legal framework delineating the procedures for recognition and enforcement of arbitration awards, while the Criminal Code delineates the legal repercussions for breaches of arbitration awards. For instance, Article 49 of the Arbitration Law stipulates that foreign arbitration awards are accorded recognition and may be enforced akin to final and binding court judgments, thereby furnishing a robust legal foundation for upholding legal certainty and safeguarding the integrity of the arbitration process.