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All Journal Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU
Annisa Putri Sinaga
Universitas Islam Negeri Sumatera Utara
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Nursing Public Health

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Cross-Border Arbitration in Indonesia: Between International Arbitration Commitments and Domestic Judicial Practice Annisa Putri Sinaga; Annisa Putri Andini Tanjung; Siti Salmiah Dalimunthe; Rahman Al Fauzi Siregar; Khotibul Umam
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.v3i1.1309

Abstract

This paper examines the trends, legal challenges, and effectiveness of cross-border arbitration in Indonesia within the context of contemporary international trade and investment. The rapid growth of global commerce necessitates reliable dispute resolution mechanisms, positioning international arbitration as a preferred alternative due to its neutrality, procedural flexibility, and enforceability under instruments such as the 1958 New York Convention. Using a normative juridical approach, this study analyzes primary and secondary legal sources, including statutory regulations, scholarly literature, and arbitral decisions, through systematic stages of data collection, analysis, and synthesis. The findings reveal that while Indonesia possesses a solid legal framework for arbitration, practical challenges persist, including inconsistent judicial interpretations, limited institutional capacity, high procedural costs, and deficiencies in arbitration clause drafting. These factors affect the effectiveness and credibility of international arbitration. The study argues that the principal challenge does not lie in the inadequacy of Indonesia's arbitration legislation, but rather in the inconsistent interaction between domestic judicial practice and international arbitration commitments. It contributes to the existing literature by proposing a harmonized interpretative framework that reconciles national judicial sovereignty with Indonesia's obligations under the New York Convention, thereby strengthening legal certainty in cross-border commercial dispute resolution.
Cross-Border Arbitration in Indonesia: Between International Arbitration Commitments and Domestic Judicial Practice Annisa Putri Sinaga; Annisa Putri Andini Tanjung; Siti Salmiah Dalimunthe; Rahman Al Fauzi Siregar; Khotibul Umam
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.v3i1.1309

Abstract

This paper examines the trends, legal challenges, and effectiveness of cross-border arbitration in Indonesia within the context of contemporary international trade and investment. The rapid growth of global commerce necessitates reliable dispute resolution mechanisms, positioning international arbitration as a preferred alternative due to its neutrality, procedural flexibility, and enforceability under instruments such as the 1958 New York Convention. Using a normative juridical approach, this study analyzes primary and secondary legal sources, including statutory regulations, scholarly literature, and arbitral decisions, through systematic stages of data collection, analysis, and synthesis. The findings reveal that while Indonesia possesses a solid legal framework for arbitration, practical challenges persist, including inconsistent judicial interpretations, limited institutional capacity, high procedural costs, and deficiencies in arbitration clause drafting. These factors affect the effectiveness and credibility of international arbitration. The study argues that the principal challenge does not lie in the inadequacy of Indonesia's arbitration legislation, but rather in the inconsistent interaction between domestic judicial practice and international arbitration commitments. It contributes to the existing literature by proposing a harmonized interpretative framework that reconciles national judicial sovereignty with Indonesia's obligations under the New York Convention, thereby strengthening legal certainty in cross-border commercial dispute resolution.
Criminal Law Policy Against Law Enforcement Officers Who Commit Violence Resulting in Death from the Perspective of the New Criminal Code and Islamic Criminal Law Annisa Putri Sinaga; Syaddan Dintara Lubis
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.230

Abstract

Indonesia, as a country based on the supremacy of law, places criminal law as an important instrument in maintaining order and protecting the right to life of the people. However, in law enforcement practices, excessive violence by officers resulting in death is still found, thus raising issues regarding legal accountability. This study was conducted to analyze the criminal law policy towards law enforcement officers who commit violence resulting in death based on the provisions of the Criminal Code (New Criminal Code) and review it from the perspective of Islamic criminal law. In contrast to previous studies which generally only examine criminal accountability from a positive legal perspective, this study combines the analysis of the Criminal Code with the study of Islamic criminal law. This study uses a normative juridical method through a statutory law approach and a conceptual approach with a literature study on related laws and regulations, legal literature, and sources of Islamic law. The results of the study indicate that law enforcement officers who commit violence resulting in death can be held accountable under Article 466 paragraph (3) of the New Criminal Code, with abuse of authority as a circumstance that can aggravate the crime as regulated in Articles 58 and 59 of the Criminal Code, and it is still possible to be subject to administrative and disciplinary sanctions. From an Islamic criminal law perspective, such acts are punishable by diyat (a type of punishment). Thus, both positive and Islamic criminal law emphasize the legal consequences for officers who commit violence that results in death.
Co-Authors Annisa Putri Andini Tanjung Khotibul Umam Rahman Al Fauzi Siregar Siti Salmiah Dalimunthe Syaddan Dintara Lubis