PELAKSANAAN PUTUSAN DEWAN ARBITRASE NASIONAL DAN PUTUSAN DEWAN ARBITRASE ASING DI INDONESIA

Abstract

Arbitration is an option for parties who wants to resolve disputes between them non-litigation. However, it turns out that there are still many problems that arise in arbitration, both in terms of legal certainty. Legal certainty here includes legal certainty in terms of legal remedies that can be taken by the parties against existing arbitral awards as well as legal certainty regarding the implementation of foreign arbitral council decisions in Indonesia. Therefore, the purpose of this study is to find out how the implementation of arbitral awards in Indonesia, both national and foreign arbitral council decisions in Indonesia. The research method that the author uses is library research and legal research. Then the research approach used is the Statute Approach and the conceptual approach. From the discussion, it can be concluded that the Government of Indonesia actually already has a legal framework, namely Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This law is also a follow-up to the ratification of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of so that related to the application of the decision of the foreign (international) arbitral tribunal, it should be applicable in Indonesia as long as it complies with the provisions of the positive law in Indonesia.