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Reconstructing Arbitration as the Primary Mechanism for Investment Dispute Resolution in Indonesia: Balancing Legal Certainty, Investor Protection, and Judicial Supervision Imamuddin; Vressilia Witama; M. Rangga Syahputra Saragih; Rayhan Nandini Telaumbanua
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.v3i1.1305

Abstract

Investment plays a pivotal role in promoting economic growth and attracting capital, yet it is inherently vulnerable to disputes arising from contractual disagreements, regulatory changes, and conflicting legal interests. Although arbitration has been widely recognized as an effective mechanism for resolving investment disputes, existing scholarship predominantly emphasizes its procedural advantages while paying limited attention to its broader institutional function within the investment governance system. This study aims to examine the urgency of arbitration in resolving investment disputes in Indonesia and to develop an integrated institutional framework for strengthening arbitration as a mechanism for ensuring legal certainty and investor protection. Employing normative legal research, the study adopts statutory and conceptual approaches by analyzing Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, Law Number 25 of 2007 on Investment, the 1958 New York Convention, and relevant legal literature. The findings demonstrate that arbitration provides a legally recognized, final and binding dispute resolution mechanism that enhances procedural efficiency, neutrality, confidentiality, and legal certainty, thereby strengthening investor confidence. However, its effectiveness depends not only on legislative regulation but also on institutional coherence among arbitral tribunals, national courts, and enforcement authorities. Accordingly, this study proposes an Integrated Investment Arbitration Framework, which conceptualizes arbitration as an institutional governance model founded upon four interrelated dimensions: legal certainty, arbitral independence, proportional judicial supervision, and effective enforcement. The study concludes that strengthening these institutional dimensions is essential to maintaining investor confidence, improving Indonesia's investment climate, and aligning domestic arbitration practice with contemporary international legal standards.
Zina in the Digital Era: New Challenges for the Enforcement of Islamic Criminal Law Farhan Fathur Rahman; Rahma Fitri Amelia Hasibuan; Dinda Ayu Arini Chaniago; M. Rangga Syahputra Saragih; Annisa Putri Andini Tanjung
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.v3i1.1330

Abstract

This paper examines the transformation of zina in the digital era and its implications for the enforcement of Islamic criminal law. The background of the study is rooted in the emergence of technology-mediated sexual practices such as sexting, cybersex, and the online dissemination of intimate content that challenge the classical fiqh conception of zina as a physical act subject to strict ḥudūd evidentiary standards. Using a qualitative normative-empirical research method, the study analyzes classical fiqh sources, contemporary legal literature, and documented digital practices. The research stages include problem identification, literature review, data collection on digital behaviors, analysis through maqāṣid al-sharīʿah and ijtihād frameworks, and synthesis of findings. The results show a significant juridical gap between traditional evidentiary mechanisms and digitally mediated sexual misconduct, compounded by issues of digital evidence reliability, jurisdiction, and privacy protection. The discussion highlights both the enduring relevance and structural limitations of classical evidentiary paradigms, underscoring the need for adaptive, multidimensional legal approaches within Islamic criminal law.
Reconstructing Arbitration as the Primary Mechanism for Investment Dispute Resolution in Indonesia: Balancing Legal Certainty, Investor Protection, and Judicial Supervision Imamuddin; Vressilia Witama; M. Rangga Syahputra Saragih; Rayhan Nandini Telaumbanua
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.v3i1.1305

Abstract

Investment plays a pivotal role in promoting economic growth and attracting capital, yet it is inherently vulnerable to disputes arising from contractual disagreements, regulatory changes, and conflicting legal interests. Although arbitration has been widely recognized as an effective mechanism for resolving investment disputes, existing scholarship predominantly emphasizes its procedural advantages while paying limited attention to its broader institutional function within the investment governance system. This study aims to examine the urgency of arbitration in resolving investment disputes in Indonesia and to develop an integrated institutional framework for strengthening arbitration as a mechanism for ensuring legal certainty and investor protection. Employing normative legal research, the study adopts statutory and conceptual approaches by analyzing Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, Law Number 25 of 2007 on Investment, the 1958 New York Convention, and relevant legal literature. The findings demonstrate that arbitration provides a legally recognized, final and binding dispute resolution mechanism that enhances procedural efficiency, neutrality, confidentiality, and legal certainty, thereby strengthening investor confidence. However, its effectiveness depends not only on legislative regulation but also on institutional coherence among arbitral tribunals, national courts, and enforcement authorities. Accordingly, this study proposes an Integrated Investment Arbitration Framework, which conceptualizes arbitration as an institutional governance model founded upon four interrelated dimensions: legal certainty, arbitral independence, proportional judicial supervision, and effective enforcement. The study concludes that strengthening these institutional dimensions is essential to maintaining investor confidence, improving Indonesia's investment climate, and aligning domestic arbitration practice with contemporary international legal standards.