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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Law, Poliitic and Humanities
Didit Wijayanto Wijaya
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Ineffectiveness of Dispute Resolution Through Arbitration According to Indonesian Law No. 30 of 1999 on ADR (Alternative Dispute Resolution) Didit Wijayanto Wijaya
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1433

Abstract

This article or writing aims to find out about the ineffectiveness of settlement through arbitration according to Republic of Indonesia Law Number 30 of 1999 concerning Adr (Alternative Dispute Resolation). The problem focuses on the ineffectiveness of settlement through arbitration according to Republic of Indonesia Law Number 30 of 1999 concerning ADR (Alternative Dispute Resolution). In order to approach this problem, theoretical references from legal certainty and dispute resolution are used. The data was collected through normative legal research. The data source used is secondary data. Secondary data in this research is divided into 3 parts, including: Primary, Secondary and Tertiary Legal Materials and analyzed qualitatively.  This study concludes that arbitration is a method of resolving a civil dispute outside the general court which is based on an arbitration agreement made in writing by the parties to the dispute. However, arbitration forums also have weaknesses that both parties should consider before deciding to submit their case. Arbitration is considered to have several legal subject weaknesses in the form of states still being reluctant to give their commitment to hand over their rescue to international court bodies. The process of completing a settlement through arbitration does not guarantee that the decision will be binding.
Legal Standing Reform in Constitutional Adjudication: Reconciling Foreign Nationals' Rights with Constitutional Protection in Indonesia Didit Wijayanto Wijaya; Thio, Ricky
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5788

Abstract

The restriction of legal standing for judicial review applicants at the Constitutional Court, which is limited to Indonesian citizens as regulated in Article 51(1) of the Constitutional Court Law, has created discrimination and injustice for foreign citizens whose constitutional rights are violated by the enactment of laws in Indonesia. This contradicts the principle of equality before the law guaranteed by Article 28D(1) of the 1945 Constitution. This research aims to analyze the normative conflict between the legal standing restriction in Article 51(1) of the Constitutional Court Law and the principle of equality before the law, as well as to formulate a reconstructed concept of legal standing regulations that ensures greater justice for foreign citizens in constitutional review processes at the Indonesian Constitutional Court. The study was conducted through comprehensive research and analysis of legal principles, constitutional norms, and constitutional law doctrines related to the concept of legal standing and the principle of equality before the law. The research findings indicate that the restriction of legal standing for foreign citizens in judicial review creates a legal vacuum in the protection mechanism of foreign citizens' constitutional rights. This study presents a novel finding in the form of a reconstructed concept of Article 51(1) of the Constitutional Court Law, which expands legal standing to foreign citizens under the condition that they can demonstrate a nexus between their constitutional injury and the implementation of the law under review.
Co-Authors Thio, Ricky