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All Journal Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU
Yara Shita
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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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.
Transforming Payment Systems through QRIS in Indonesia: Regulatory Challenges in Advancing an Inclusive Digital Financial System Muhammad Ikhlas Bin Rosele lubis; Yara Shita
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1962

Abstract

The transformation of digital payments through the Quick Response Code Indonesian Standard (QRIS) has changed the structure of Indonesia's financial transactions, but the expansion of its use has also resulted in new challenges related to consumer protection, security, data governance, and equality of access. This study aims to analyze the adequacy of the QRIS regulatory framework in supporting an inclusive digital financial system and identify the regulatory gap between innovation expansion and legal protection. The research uses normative legal methods with legislative, conceptual, and analytical approaches. Legal materials are analyzed descriptively-analytically and prescriptively to evaluate the coherence and regulatory effectiveness of digital payment systems. Research shows that QRIS has evolved from a standardization instrument to a strategic digital financial infrastructure. Although the regulatory framework is becoming more comprehensive, there are still challenges in ensuring consumer protection, operator accountability, data security, and substantive access for unbanked and underserved groups. Digital inclusion is not enough to be measured through adoption growth, but must be accompanied by effective legal protection. QRIS regulations need to be directed at proportional innovation governance based on interoperability, consumer protection, data security, substantive access, and accountability to realize equitable and sustainable digital financial inclusion.  
Transforming Payment Systems through QRIS in Indonesia: Regulatory Challenges in Advancing an Inclusive Digital Financial System Muhammad Ikhlas Bin Rosele lubis; Yara Shita
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1962

Abstract

The transformation of digital payments through the Quick Response Code Indonesian Standard (QRIS) has changed the structure of Indonesia's financial transactions, but the expansion of its use has also resulted in new challenges related to consumer protection, security, data governance, and equality of access. This study aims to analyze the adequacy of the QRIS regulatory framework in supporting an inclusive digital financial system and identify the regulatory gap between innovation expansion and legal protection. The research uses normative legal methods with legislative, conceptual, and analytical approaches. Legal materials are analyzed descriptively-analytically and prescriptively to evaluate the coherence and regulatory effectiveness of digital payment systems. Research shows that QRIS has evolved from a standardization instrument to a strategic digital financial infrastructure. Although the regulatory framework is becoming more comprehensive, there are still challenges in ensuring consumer protection, operator accountability, data security, and substantive access for unbanked and underserved groups. Digital inclusion is not enough to be measured through adoption growth, but must be accompanied by effective legal protection. QRIS regulations need to be directed at proportional innovation governance based on interoperability, consumer protection, data security, substantive access, and accountability to realize equitable and sustainable digital financial inclusion.  
Co-Authors Abdul Hakim Dinda Ayu Arini Chaniago Muhammad Ikhlas Bin Rosele lubis Wenni Nahdiani Tanjung