Husnawaty Husnawaty
Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Peran Arbitrase Sebagai Mekanisme Penyelesaian Sengketa Bisnis Terhadap Keadilan Dan Kepastian Hukum Bagi Pelaku Usaha Husnawaty Husnawaty; Septiani Septiani; Citra Julita
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1833

Abstract

This study stems from the need among business actors for a dispute resolution mechanism capable of providing justice and legal certainty, while litigation through the courts often faces obstacles in the form of lengthy procedures that do not always align with the nature of business disputes. Arbitration serves as an alternative dispute resolution method that offers the principles of party autonomy, confidentiality, efficiency, and final and binding awards. However, in practice, there are still issues regarding the enforcement of arbitral awards and the limits of the courts’ involvement in ensuring the effectiveness of such awards. This study aims to analyze the role of arbitration as a mechanism for resolving business disputes in providing justice and legal certainty for business actors. This study employs a normative legal research method using the statutory approach, the conceptual approach, and the case approach. Legal materials were analyzed qualitatively using a prescriptive-juridical method by examining legislation, legal doctrine, and court decisions related to arbitration. The results of the study indicate that arbitration plays a strategic role in providing more effective resolution of business disputes through the principles of finality of awards and party autonomy. However, legal certainty remains dependent on the effective enforcement of awards and the involvement of the courts, which must be maintained in a proportionate manner as a supporting institution without undermining the independence and finality of arbitral awards.