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Ujang Charda
Fakultas Hukum, Universitas Subang
Law, Crime, Criminology & Criminal Justice

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Annulment of an Indonesian National Arbitration Board Award in a Dispute over Energy Storage Equipment and Material Procurement: : A Review of Supreme Court Decision No. 1320 B/Pdt.Sus-Arbt/2023 Yulia Sa'adah; Ujang Charda; Sri Nurcahyani
DE'RECHTSSTAAT Vol. 12 No. 2 (2026): JURNAL HUKUM DE' RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v12i2.24456

Abstract

This study aims to analyze the legal grounds for the annulment of the Indonesian National Board of Arbitration (BANI) award by the Supreme Court under Decision Number 1320 B/Pdt.Sus-Arbt/2023, as well as its legal implications for legal certainty and the principle of finality (final and binding) in arbitration. This research employs a normative juridical method with statutory and case study approaches, referencing Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution. The findings indicate that the annulment of the arbitral award in the case at hand was based on the absence of a written arbitration agreement between the parties, which constitutes the fundamental premise for the arbitral tribunal’s absolute jurisdiction. Although the absence of an arbitration agreement is not explicitly listed within the limitative grounds of Article 70 of the Arbitration Law, such annulment is construed as an examination of the arbitral jurisdiction’s legitimacy rather than a review of the merits of the case. Consequently, this implies that the finality of an arbitral award is not absolute, highlighting the imperative for heightened diligence in drafting arbitration clauses within commercial contracts to prevent future judicial intervention.
Co-Authors Sri Nurcahyani Yulia Sa'adah