Garuda - Garba Rujukan Digital

Reconstructing Judicial Authority in the Annulment of Arbitral Awards: Between Finality and Substantive Justice Khairunnisa Siregar; Arifuddin Muda Harahap; Suci Hidayati Malau; Raja Muda Pahlevi Siregar; Ahmad Yasin Dongoran
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1304

This study examines the annulment of arbitral awards within the Indonesian legal system as an extraordinary legal remedy that lies at the intersection of arbitral autonomy, the principle of finality, and the pursuit of substantive justice. The research is motivated by the persistent tension between the final and binding character of arbitral awards and the necessity of judicial intervention to address awards affected by fundamental procedural defects. Employing normative legal research, this study adopts statutory, conceptual, and comparative approaches. Legal materials are collected through library research and analyzed using descriptive, systematic, and prescriptive legal reasoning. The findings reveal that Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution confines annulment to three narrowly defined procedural grounds document forgery, newly discovered decisive evidence, and fraud thereby excluding judicial review of the substantive merits of arbitral awards. Nevertheless, judicial practice demonstrates inconsistent interpretations that occasionally expand the scope of annulment beyond its statutory limits, resulting in judicial overreach and weakening the final and binding nature of arbitration. This study argues that the legitimacy of annulment should be understood as a procedural safeguard rather than a mechanism for substantive review and proposes a Balanced Annulment Doctrine, under which judicial intervention is justified only to preserve procedural integrity while respecting arbitral autonomy. The study concludes that maintaining a proportionate balance between legal certainty, minimum judicial intervention, and substantive justice is essential to strengthening the credibility of arbitration and enhancing Indonesia's legal certainty in commercial dispute resolution.

Digital Arbitration and Online Dispute Resolution in Indonesia: Regulatory Challenges, Technological Opportunities, and the Future of Arbitration Law Irham Mahromy Munthe; Maria Arfah Nasution; Ahmad Yasin Dongoran; Usamah Zaki
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1311

This study examines the challenges and opportunities of arbitration in the digital era, focusing on the legal and practical perspectives of online dispute resolution in Indonesia. The research is motivated by the rapid development of information technology, which has transformed dispute resolution mechanisms through digital platforms, particularly in e-commerce transactions and cross-border contracts. This study employs a normative legal approach or doctrinal research, analyzing legislation, legal theory, academic literature, and jurisprudence related to digital arbitration. The research stages include problem identification, literature review, collection of primary and secondary data, and qualitative analysis to evaluate the challenges and benefits of digital arbitration. The findings indicate that while national regulations do not explicitly govern online arbitration, they provide a legal foundation through principles of party consent, arbitrator independence, and award recognition. Moreover, digital arbitration offers cost and time efficiency, procedural flexibility, broader access, and technological innovations, provided that fairness, confidentiality, and legal certainty are ensured through secure platforms and competent arbitrators. Unlike previous studies that primarily discuss the procedural legality of online arbitration, this article develops a broader analytical framework by examining the interaction between digital technology, procedural fairness, cybersecurity, and regulatory adaptation within Indonesia's arbitration regime. It argues that the future legitimacy of digital arbitration depends not merely on technological adoption but on the development of an integrated regulatory ecosystem capable of balancing efficiency, due process, confidentiality, and enforceability. Accordingly, this study contributes to contemporary arbitration scholarship by proposing a regulatory model for strengthening online dispute resolution in emerging digital economies.

Reconstructing Judicial Authority in the Annulment of Arbitral Awards: Between Finality and Substantive Justice Khairunnisa Siregar; Arifuddin Muda Harahap; Suci Hidayati Malau; Raja Muda Pahlevi Siregar; Ahmad Yasin Dongoran
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1304

This study examines the annulment of arbitral awards within the Indonesian legal system as an extraordinary legal remedy that lies at the intersection of arbitral autonomy, the principle of finality, and the pursuit of substantive justice. The research is motivated by the persistent tension between the final and binding character of arbitral awards and the necessity of judicial intervention to address awards affected by fundamental procedural defects. Employing normative legal research, this study adopts statutory, conceptual, and comparative approaches. Legal materials are collected through library research and analyzed using descriptive, systematic, and prescriptive legal reasoning. The findings reveal that Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution confines annulment to three narrowly defined procedural grounds document forgery, newly discovered decisive evidence, and fraud thereby excluding judicial review of the substantive merits of arbitral awards. Nevertheless, judicial practice demonstrates inconsistent interpretations that occasionally expand the scope of annulment beyond its statutory limits, resulting in judicial overreach and weakening the final and binding nature of arbitration. This study argues that the legitimacy of annulment should be understood as a procedural safeguard rather than a mechanism for substantive review and proposes a Balanced Annulment Doctrine, under which judicial intervention is justified only to preserve procedural integrity while respecting arbitral autonomy. The study concludes that maintaining a proportionate balance between legal certainty, minimum judicial intervention, and substantive justice is essential to strengthening the credibility of arbitration and enhancing Indonesia's legal certainty in commercial dispute resolution.

Digital Arbitration and Online Dispute Resolution in Indonesia: Regulatory Challenges, Technological Opportunities, and the Future of Arbitration Law Irham Mahromy Munthe; Maria Arfah Nasution; Ahmad Yasin Dongoran; Usamah Zaki
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1311

This study examines the challenges and opportunities of arbitration in the digital era, focusing on the legal and practical perspectives of online dispute resolution in Indonesia. The research is motivated by the rapid development of information technology, which has transformed dispute resolution mechanisms through digital platforms, particularly in e-commerce transactions and cross-border contracts. This study employs a normative legal approach or doctrinal research, analyzing legislation, legal theory, academic literature, and jurisprudence related to digital arbitration. The research stages include problem identification, literature review, collection of primary and secondary data, and qualitative analysis to evaluate the challenges and benefits of digital arbitration. The findings indicate that while national regulations do not explicitly govern online arbitration, they provide a legal foundation through principles of party consent, arbitrator independence, and award recognition. Moreover, digital arbitration offers cost and time efficiency, procedural flexibility, broader access, and technological innovations, provided that fairness, confidentiality, and legal certainty are ensured through secure platforms and competent arbitrators. Unlike previous studies that primarily discuss the procedural legality of online arbitration, this article develops a broader analytical framework by examining the interaction between digital technology, procedural fairness, cybersecurity, and regulatory adaptation within Indonesia's arbitration regime. It argues that the future legitimacy of digital arbitration depends not merely on technological adoption but on the development of an integrated regulatory ecosystem capable of balancing efficiency, due process, confidentiality, and enforceability. Accordingly, this study contributes to contemporary arbitration scholarship by proposing a regulatory model for strengthening online dispute resolution in emerging digital economies.

Islamic Law in the Metaverse World: A Normative Study of Virtual Worship Practices and Transactions Ahmad Rifai Yoga; Ahmad Yasin Dongoran; Arsyad Rizky Pratama Siregar; Nur Hafizah Husna; Rahmad Fauzi Hasibuan
Jurnal Sahabat ISNU SU Vol. 2 No. 3 (2025): ISNU Sahabat Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v2i3.896

The development of metaverse technology has presented new challenges in the application of Islamic law, particularly regarding worship practices and virtual transactions. The non-physical and interactive nature of the metaverse world demands a normative approach to assess the legal validity and legitimacy of various activities occurring within it. This study aims to examine how Islamic legal principles are applied in the context of virtual worship, such as online congregational prayer and digital marriage contracts, as well as digital asset-based economic transactions such as NFTs and cryptocurrencies. Using a juridical-normative approach and qualitative analysis, this study examines the relevance of Islamic jurisprudence (fiqh), maqasid sharia (the principles of sharia), and contemporary fatwas (religious edicts) in responding to the metaverse phenomenon. The results indicate that activities in the metaverse world are subject to Sharia law as long as they meet the principles of clarity (bayyinah), justice ('adl), and benefit (maslahah). Virtual space can be treated as a functional area of Sharia law, as activities within it have real legal implications. This study recommends the importance of establishing a responsive and contextual digital Islamic legal framework to holistically address the dynamics of virtual space.

Title

Found 5 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 5 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 5 Documents
Search