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All Journal Spiritualita : Journal of Ethics and Spirituality Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU
Abdul Hakim
Universiti Malaya, Malaysia
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Legal Authority of Arbitral Awards in the Indonesian Judicial System: Reconciling Party Autonomy, Judicial Supervision, and Legal Certainty Abdul Hakim; Dinda Ayu Arini Chaniago; Yara Shita; Wenni Nahdiani Tanjung
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.v3i1.1307

Abstract

Arbitration has become an increasingly important mechanism for resolving commercial disputes due to its efficiency, finality, and procedural flexibility. Nevertheless, the legal force of arbitral awards within Indonesia's judicial system remains conceptually debated because such awards originate from private agreements while simultaneously requiring judicial recognition and enforcement under public law. Existing scholarship has predominantly examined arbitral awards from procedural perspectives, particularly regarding enforcement and annulment, with limited attention to the institutional foundations that determine their legal authority. This study aims to analyze the legal force of arbitral awards within Indonesia's judicial system and to reconstruct the interaction between contractual autonomy, judicial supervision, and statutory legitimacy in determining their binding effect. Employing normative legal research through statutory and conceptual approaches, this study analyzes legislation, legal doctrines, arbitral awards, and relevant scholarly literature using systematic legal interpretation and prescriptive legal reasoning. The findings demonstrate that the legal force of arbitral awards is not derived solely from party autonomy but from the interaction of four complementary dimensions: contractual legitimacy, procedural integrity, institutional recognition through limited judicial supervision, and international legitimacy under the 1958 New York Convention. Judicial oversight functions as a procedural safeguard rather than substantive appellate review, thereby preserving arbitral finality while ensuring legal certainty. This study contributes to contemporary arbitration scholarship by proposing an integrated conceptual framework explaining how privately generated arbitral awards acquire public legal authority within Indonesia's judicial system, thereby strengthening legal certainty, investor confidence, and the effectiveness of commercial dispute resolution.
The Legal Authority of Arbitral Awards in the Indonesian Judicial System: Reconciling Party Autonomy, Judicial Supervision, and Legal Certainty Abdul Hakim; Dinda Ayu Arini Chaniago; Yara Shita; Wenni Nahdiani Tanjung
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.v3i1.1307

Abstract

Arbitration has become an increasingly important mechanism for resolving commercial disputes due to its efficiency, finality, and procedural flexibility. Nevertheless, the legal force of arbitral awards within Indonesia's judicial system remains conceptually debated because such awards originate from private agreements while simultaneously requiring judicial recognition and enforcement under public law. Existing scholarship has predominantly examined arbitral awards from procedural perspectives, particularly regarding enforcement and annulment, with limited attention to the institutional foundations that determine their legal authority. This study aims to analyze the legal force of arbitral awards within Indonesia's judicial system and to reconstruct the interaction between contractual autonomy, judicial supervision, and statutory legitimacy in determining their binding effect. Employing normative legal research through statutory and conceptual approaches, this study analyzes legislation, legal doctrines, arbitral awards, and relevant scholarly literature using systematic legal interpretation and prescriptive legal reasoning. The findings demonstrate that the legal force of arbitral awards is not derived solely from party autonomy but from the interaction of four complementary dimensions: contractual legitimacy, procedural integrity, institutional recognition through limited judicial supervision, and international legitimacy under the 1958 New York Convention. Judicial oversight functions as a procedural safeguard rather than substantive appellate review, thereby preserving arbitral finality while ensuring legal certainty. This study contributes to contemporary arbitration scholarship by proposing an integrated conceptual framework explaining how privately generated arbitral awards acquire public legal authority within Indonesia's judicial system, thereby strengthening legal certainty, investor confidence, and the effectiveness of commercial dispute resolution.
Reconstruction of the Concept of Integrative Happiness: A Comparative Study Between Al-Farabi Philosophy of Virtue and Martin Seligman's Positive Psychology Ahmad Nadif Muhlisin; Achmad Khudori Soleh; Abdul Hakim
Spiritualita Vol. 10 No. 1 (2026)
Publisher : Prodi Tasawuf dan Psikoterapi Fakultas Usluhuddin dan Dakwah, Universitas Islam Negeri (UIN) Syekh Wasil Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/spiritualita.v10i1.3800

Abstract

Happiness is the most universal goal of human life. Al-Farabi defines happiness as the highest purpose of life. Meanwhile, according to Seligman, happiness is based on positive psychology, which emphasizes the importance of well-being as the primary goal of human beings. This study aims to identify the differences between the concepts of happiness proposed by these two scholars and the ways to achieve happiness according to each of them. The research employs a qualitative approach using a literature review method. The analysis was conducted by examining scholarly journal articles published online until scientifically sound conclusions were reached. The findings show that: (1) According to Al-Farabi, happiness is the highest goal of human life, pursued for its own sake through the harmony of reason, the soul, and behavior, with its sources rooted in the perfection of reason, knowledge, social relationships, and spiritual connection. It is attained through sincere intention, virtuous deeds, mastery of the four virtues, and moderation, while distinguishing between false happiness and true happiness. (2) Seligman views happiness as psychological well-being measured through positive emotions and meaningful activities, as formulated in the PERMA model. Its sources include positive experiences, flow, healthy relationships, meaning in life, and personal achievement. It can be achieved through the pleasant life, the good life, and the meaningful life. The forms of happiness include emotional happiness, meaning in life, personal development, and the state of flourishing. (3) Both scholars share the view that meaning in life is a key element in achieving happiness.
Co-Authors Achmad Khudori Soleh Ahmad Nadif Muhlisin Dinda Ayu Arini Chaniago Wenni Nahdiani Tanjung Yara Shita