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All Journal Journal of International Islamic Law, Human Right and Public Policy Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU
Ikhsan Sahriyan
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Reconceptualizing Investor Protection Through Arbitration: Legal Challenges and the Future of Investment Dispute Resolution in Indonesia Ikhsan Sahriyan; M. Fazli Pratama; Rahman Al Fauzi Siregar; Siti Salmiah Dalimunthe; Muhammad Ikhlas Bin Rosele
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.v3i1.1312

Abstract

This study examines the strategic role of arbitration as a mechanism for resolving investment disputes in Indonesia. Investment plays a vital role in national economic development, yet it inherently carries the potential for conflicts between investors, business partners, and the government. Conventional litigation often proves lengthy, costly, and insufficiently confidential, prompting a demand for alternative dispute resolution. This research employs normative legal methods (doctrinal research), using statute and conceptual approaches to analyze relevant legislation, including Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution and Law No. 25 of 2007 on Investment, as well as arbitral awards and scholarly literature. The study systematically identifies legal issues, collects and classifies legal materials, and applies qualitative analysis through grammatical, systematic, and teleological interpretation. Findings indicate that arbitration provides legal certainty, procedural flexibility, neutrality, and enforceable outcomes, strengthened by Indonesia’s ratification of the 1958 New York Convention. Despite legal and practical challenges, arbitration effectively protects investor rights, supports a conducive investment climate, and enhances Indonesia’s economic competitiveness. Recommendations include strengthening institutions, human resources, and future research aligned with digital and cross-border investments. Unlike previous studies that primarily discuss arbitration as a procedural alternative to litigation, this article reconceptualizes arbitration as an institutional safeguard for investor protection within contemporary investment governance. The study argues that the effectiveness of arbitration depends not only on procedural efficiency but also on the coherence between domestic investment law, international arbitration standards, judicial support, and regulatory certainty. Accordingly, this article contributes to arbitration scholarship by proposing an integrated legal framework capable of strengthening investor confidence while preserving national regulatory sovereignty.
Reconceptualizing Investor Protection Through Arbitration: Legal Challenges and the Future of Investment Dispute Resolution in Indonesia Ikhsan Sahriyan; M. Fazli Pratama; Rahman Al Fauzi Siregar; Siti Salmiah Dalimunthe; Muhammad Ikhlas Bin Rosele
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.v3i1.1312

Abstract

This study examines the strategic role of arbitration as a mechanism for resolving investment disputes in Indonesia. Investment plays a vital role in national economic development, yet it inherently carries the potential for conflicts between investors, business partners, and the government. Conventional litigation often proves lengthy, costly, and insufficiently confidential, prompting a demand for alternative dispute resolution. This research employs normative legal methods (doctrinal research), using statute and conceptual approaches to analyze relevant legislation, including Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution and Law No. 25 of 2007 on Investment, as well as arbitral awards and scholarly literature. The study systematically identifies legal issues, collects and classifies legal materials, and applies qualitative analysis through grammatical, systematic, and teleological interpretation. Findings indicate that arbitration provides legal certainty, procedural flexibility, neutrality, and enforceable outcomes, strengthened by Indonesia’s ratification of the 1958 New York Convention. Despite legal and practical challenges, arbitration effectively protects investor rights, supports a conducive investment climate, and enhances Indonesia’s economic competitiveness. Recommendations include strengthening institutions, human resources, and future research aligned with digital and cross-border investments. Unlike previous studies that primarily discuss arbitration as a procedural alternative to litigation, this article reconceptualizes arbitration as an institutional safeguard for investor protection within contemporary investment governance. The study argues that the effectiveness of arbitration depends not only on procedural efficiency but also on the coherence between domestic investment law, international arbitration standards, judicial support, and regulatory certainty. Accordingly, this article contributes to arbitration scholarship by proposing an integrated legal framework capable of strengthening investor confidence while preserving national regulatory sovereignty.
THE CONCEPT OF LEGAL JUSTICE FOR CHILDREN AS PERPETRATORS OF CRIMINAL ACTS OF NARCOTICS DISTRIBUTION (A Study of Decisions of The Medan District Court): A. The Concept of Legal Justice for Children as Perpetrators of Narcotics Trafficking Crimes, B. The Implementation of Legal Justice for Children as Perpetrators of Narcotics Trafficking Offenses in the Decisions of the Medan District Court, C. Obstacles in the Implementation of Legal Justice for Children as Perpetrators of Narcotics Trafficking Ikhsan Sahriyan; Zulkarnain
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21125954

Abstract

This study examines the concept and implementation of legal justice for children involved in narcotics trafficking offenses within the Indonesian juvenile criminal justice system. Narcotics possess legitimate medical and scientific functions; however, their abuse and illegal distribution have resulted in serious social consequences, including the involvement of children as couriers or intermediaries in narcotics distribution networks. Children involved in such cases are generally not principal offenders, but rather victims of criminal exploitation, thereby requiring special legal protection based on the principle of the best interests of the child and restorative justice mechanisms. This research applies a normative legal research method through statutory and case approaches using descriptive-qualitative analysis. The findings reveal significant disparities in sentencing practices in several decisions of the Medan District Court involving children convicted of narcotics trafficking offenses. Despite similarities in the type of offense, category of narcotics, and quantity distributed, the punishments imposed varied considerably. The study concludes that judicial discretion, prosecutors’ indictments, subjective judicial considerations, and limited rehabilitation facilities remain dominant factors influencing court decisions. Therefore, strengthening juvenile justice regulations, improving law enforcement capacity, and providing adequate rehabilitation facilities are necessary to ensure optimal child protection and sustainable social reintegration.
Co-Authors Ahmad Yasin Dongoran M. Fazli Pratama Muhammad Fazli Pratama Muhammad Ikhlas Bin Rosele Nurhafizah Husna Rahman Al Fauzi Siregar Rahman Al-Fauzi Siregar Siti Salmiah Dalimunthe Zulkarnain