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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 Januari
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.
The Relevance of the Concept of Hirabah to Organized Crime and Modern Terrorism Hairul Anam; Ahmad Rifai Yoga; Nadilah Andini; Wenni Nahdiani Tanjung; Suci Hidayati Malau
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1325

Abstract

This study examines the relevance of the concept of hirābah in Islamic criminal law to contemporary organized crime and terrorism. Historically, hirābah addresses acts of open violence that threaten public security, instill fear, and disrupt social order, with sanctions aimed at protecting life, property, and communal stability. Using a normative legal research method with a qualitative approach, the study analyzes classical fiqh texts, contemporary scholarship, and comparative legal frameworks to explore the elements, characteristics, and objectives of hirābah. The findings reveal substantial conceptual alignment between classical hirābah and modern forms of collective violence, as both involve deliberate acts that destabilize society and generate widespread fear. However, contemporary crimes exhibit complex ideological, transnational, and technological dimensions requiring normative adaptation. The study concludes that while hirābah provides a valuable legal and sociological framework, its application to modern criminality necessitates contextual reconstruction, integrating Islamic jurisprudence with national and international legal systems for effective prevention, deterrence, and public security.