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The Legal Force of Arbitral Awards in the Indonesian Judicial System 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 in Indonesia serves as a strategic alternative dispute resolution mechanism, legally grounded in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This study examines the position, legal force, and practical implications of arbitral awards within the national judicial system. Employing a normative juridical method combined with a descriptive qualitative approach, the research analyzes legislation, arbitral awards, court decisions, and relevant literature. Data collection involved literature review, secondary data on national and international awards, and juridical analysis of court supervision and enforcement practices. The findings indicate that arbitral awards are final and binding, while courts retain limited oversight for annulment or enforcement, ensuring legal certainty and justice. The study also highlights the strategic role of arbitration in supporting business operations, enhancing investor confidence, and promoting efficient dispute resolution. Ultimately, arbitral awards contribute to a credible, neutral, and effective legal framework, fostering a favorable investment climate and strengthening Indonesia’s competitiveness in the global economy.
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.
The Legal Force of Arbitral Awards in the Indonesian Judicial System 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 in Indonesia serves as a strategic alternative dispute resolution mechanism, legally grounded in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This study examines the position, legal force, and practical implications of arbitral awards within the national judicial system. Employing a normative juridical method combined with a descriptive qualitative approach, the research analyzes legislation, arbitral awards, court decisions, and relevant literature. Data collection involved literature review, secondary data on national and international awards, and juridical analysis of court supervision and enforcement practices. The findings indicate that arbitral awards are final and binding, while courts retain limited oversight for annulment or enforcement, ensuring legal certainty and justice. The study also highlights the strategic role of arbitration in supporting business operations, enhancing investor confidence, and promoting efficient dispute resolution. Ultimately, arbitral awards contribute to a credible, neutral, and effective legal framework, fostering a favorable investment climate and strengthening Indonesia’s competitiveness in the global economy.