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All Journal Jurnal Hukum Lex Generalis Indonesian State Law Review (ISLRev)
Antonius Sanjaya, Robin
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Law, Crime, Criminology & Criminal Justice

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Unclear Public Policy: The Real Barrier in Recognizing Foreign Arbitration Awards? Sugianto, Fajar; Athina Indradewi, Astrid; Antonius Sanjaya, Robin; Yamamoto, Atsuko
Indonesian State Law Review Vol. 8 No. 1 (2025): Indonesian State Law Review, April 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i1.21448

Abstract

In Indonesia, a foreign arbitral award refers to a decision issued by an arbitration institution or arbitrator outside the country or recognized as such under Indonesian law. This classification reflects Indonesia’s adherence to the principle of territoriality in distinguishing arbitration awards as "international." However, enforcement remains contentious due to courts' broad interpretation of public policy under Article 66(c) of Law No. 30 of 1999. Despite Constitutional Court Decision No. 100/PUU-XXII/2024, the lack of a clear definition of public policy persists, leaving courts to determine its scope on a case-by-case basis. Until further regulations provide clarity, Article 66(c) will remain ambiguous and continue to be a basis for challenging foreign awards. A comparison with Singapore highlights two key findings. First, Indonesia applies a broad and inconsistent interpretation of public policy, while Singapore’s approach is narrower and more predictable. Second, Indonesian courts lack uniformity, as shown in three patterns: (1) awards are rejected for allegedly breaching sovereignty by restricting access to local courts; (2) awards are annulled for contravening Indonesian laws; and (3) awards are refused for endangering national interests. Rather than redefining international arbitration awards, Indonesia needs clearer guidelines and consistent application of public policy to enhance investor confidence and its global arbitration competitiveness.
Sengketa dalam Sektor Konstruksi di Indonesia Antonius Sanjaya, Robin
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1365

Abstract

This study analyzes dispute resolution in the Indonesian construction sector, focusing on the preference for Arbitration and Alternative Dispute Resolution (ADR) mechanisms over traditional litigation. Indonesia's construction industry, intertwined with its political history and legal transformation, frequently faces disputes arising from payment delays, non-compliance with technical specifications, ambiguous contractual responsibilities, and land use conflicts. While litigation is available, Arbitration and ADR is favored due to its quicker, more cost-effective, and confidential processes. A normative legal research method is applied to examine legal phenomena through analytical evaluation of secondary data. Findings indicate that mediation and arbitration, in particular, are relevant for their flexibility, ability to preserve business relationships, and binding decisions. Arbitration stands out for its capacity to select expert arbitrators and apply the ex aequo et bono principle. The adoption of Arbitration and ADR aligns with Indonesian socio-cultural values like musyawarah-mufakat, which emphasize communal harmony and "win-win" solutions. This analysis confirms that Arbitration and ADR, particularly arbitration, is a more effective choice for construction dispute resolution, supporting sustainable and equitable growth in the sector.
Co-Authors Astrid Athina Indradewi Fajar Sugianto Yamamoto, Atsuko