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All Journal Jurnal CENDIKIA ISNU ISNU Nine-Star Multidisciplinary Journal (INS9MJ) Jurnal Cendikia ISNU SU
Nadilah Andini
Universitas Islam Negeri Sumatera Utara
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Annulment of Arbitral Awards as an Extraordinary Legal Remedy: Distortion or Protection of Justice Khairunnisa Siregar; Nadilah Andini; 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

Abstract

This paper examines the annulment of arbitral awards within the Indonesian legal system as an extraordinary legal remedy that intersects with the principles of arbitral autonomy and final and binding effect. The background of the study is grounded in the growing reliance on arbitration as an efficient and autonomous mechanism for resolving commercial disputes, alongside emerging controversies arising from judicial intervention in annulment proceedings. This research employs a normative legal method, using statutory and conceptual approaches. The research stages include identifying legal issues, collecting and classifying relevant legal materials, conducting normative analysis, and drawing deductive conclusions. The results and discussion demonstrate that Law Number 30 of 1999 strictly limits annulment to procedural defects of a fundamental nature, such as document forgery, decisive new evidence, or fraud, and does not permit substantive review of arbitral awards. However, judicial practice reveals interpretative inconsistencies that risk distorting arbitral finality. The study concludes that annulment should function as a procedural safeguard to protect justice without undermining the essence of arbitration.
The Relevance of the Concept of Hirabah to Organized Crime and Modern Terrorism Hairul Anam; Ahmad Rifai Yoga; Nadilah Andini; Wenni Nahdiani Tanjung; Suci Hidayati Malau
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1325

Abstract

This study examines the relevance of the concept of hirābah in Islamic criminal law to contemporary organized crime and terrorism. Historically, hirābah addresses acts of open violence that threaten public security, instill fear, and disrupt social order, with sanctions aimed at protecting life, property, and communal stability. Using a normative legal research method with a qualitative approach, the study analyzes classical fiqh texts, contemporary scholarship, and comparative legal frameworks to explore the elements, characteristics, and objectives of hirābah. The findings reveal substantial conceptual alignment between classical hirābah and modern forms of collective violence, as both involve deliberate acts that destabilize society and generate widespread fear. However, contemporary crimes exhibit complex ideological, transnational, and technological dimensions requiring normative adaptation. The study concludes that while hirābah provides a valuable legal and sociological framework, its application to modern criminality necessitates contextual reconstruction, integrating Islamic jurisprudence with national and international legal systems for effective prevention, deterrence, and public security.
Annulment of Arbitral Awards as an Extraordinary Legal Remedy: Distortion or Protection of Justice Khairunnisa Siregar; Nadilah Andini; 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

Abstract

This paper examines the annulment of arbitral awards within the Indonesian legal system as an extraordinary legal remedy that intersects with the principles of arbitral autonomy and final and binding effect. The background of the study is grounded in the growing reliance on arbitration as an efficient and autonomous mechanism for resolving commercial disputes, alongside emerging controversies arising from judicial intervention in annulment proceedings. This research employs a normative legal method, using statutory and conceptual approaches. The research stages include identifying legal issues, collecting and classifying relevant legal materials, conducting normative analysis, and drawing deductive conclusions. The results and discussion demonstrate that Law Number 30 of 1999 strictly limits annulment to procedural defects of a fundamental nature, such as document forgery, decisive new evidence, or fraud, and does not permit substantive review of arbitral awards. However, judicial practice reveals interpretative inconsistencies that risk distorting arbitral finality. The study concludes that annulment should function as a procedural safeguard to protect justice without undermining the essence of arbitration.
Co-Authors Ahmad Rifai Yoga Ahmad Yasin Dongoran Hairul Anam Khairunnisa Siregar Raja Muda Pahlevi Siregar Suci Hidayati Malau Wenni Nahdiani Tanjung