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All Journal Jurnal CENDIKIA ISNU Jurnal Sahabat ISNU SU Jurnal Cendikia ISNU SU
Nur Hafizah Husna
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Corporate Arbitration Between Contractual Autonomy and State Intervention: Reconstructing the Legal Legitimacy of Arbitral Awards Ahmad Nizar Mohammad Syamwil; Nur Hafizah Husna; Siti Kholizah; Irpan Mauliandi Damanik; Rahmad Fauzi Hasibuan
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.v3i1.1306

Abstract

The growing complexity of corporate commercial activities has intensified disputes requiring dispute resolution mechanisms capable of balancing procedural efficiency, legal certainty, and institutional legitimacy. Although arbitration has become the preferred mechanism for resolving corporate disputes because of its flexibility, confidentiality, and finality, scholarly discussions have largely examined contractual autonomy and judicial intervention as separate legal doctrines. This study aims to analyze the legal position of corporations in arbitration and reconstruct the relationship between contractual autonomy and state intervention in the enforcement of arbitral awards within the Indonesian legal system. Employing normative legal research through statutory and conceptual approaches, the study analyzes Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, relevant legal doctrines, and scholarly literature using systematic legal interpretation and prescriptive legal reasoning. The findings demonstrate that corporations, as independent legal subjects, possess full legal capacity to submit disputes to arbitration and are legally bound by arbitral awards arising from their contractual consent. At the same time, judicial authority is confined to limited procedural supervision concerning the recognition, enforcement, and annulment of arbitral awards without extending to substantive review. This study argues that the legitimacy of corporate arbitration is sustained through the complementary interaction between private contractual autonomy and limited state intervention, rather than through the predominance of either principle alone. Accordingly, the article contributes to contemporary arbitration scholarship by offering an integrated conceptual framework that reinforces legal certainty, procedural fairness, and corporate confidence while preserving the finality of arbitral awards.
Corporate Arbitration Between Contractual Autonomy and State Intervention: Reconstructing the Legal Legitimacy of Arbitral Awards Ahmad Nizar Mohammad Syamwil; Nur Hafizah Husna; Siti Kholizah; Irpan Mauliandi Damanik; Rahmad Fauzi Hasibuan
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.v3i1.1306

Abstract

The growing complexity of corporate commercial activities has intensified disputes requiring dispute resolution mechanisms capable of balancing procedural efficiency, legal certainty, and institutional legitimacy. Although arbitration has become the preferred mechanism for resolving corporate disputes because of its flexibility, confidentiality, and finality, scholarly discussions have largely examined contractual autonomy and judicial intervention as separate legal doctrines. This study aims to analyze the legal position of corporations in arbitration and reconstruct the relationship between contractual autonomy and state intervention in the enforcement of arbitral awards within the Indonesian legal system. Employing normative legal research through statutory and conceptual approaches, the study analyzes Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, relevant legal doctrines, and scholarly literature using systematic legal interpretation and prescriptive legal reasoning. The findings demonstrate that corporations, as independent legal subjects, possess full legal capacity to submit disputes to arbitration and are legally bound by arbitral awards arising from their contractual consent. At the same time, judicial authority is confined to limited procedural supervision concerning the recognition, enforcement, and annulment of arbitral awards without extending to substantive review. This study argues that the legitimacy of corporate arbitration is sustained through the complementary interaction between private contractual autonomy and limited state intervention, rather than through the predominance of either principle alone. Accordingly, the article contributes to contemporary arbitration scholarship by offering an integrated conceptual framework that reinforces legal certainty, procedural fairness, and corporate confidence while preserving the finality of arbitral awards.
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

Abstract

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.
Co-Authors Ahmad Nizar Mohammad Syamwil Ahmad Rifai Yoga Ahmad Yasin Dongoran Arsyad Rizky Pratama Siregar Irpan Mauliandi Damanik Rahmad Fauzi Hasibuan Siti Kholizah