Transnational Business Law Journal
Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 2, August 2023

NAVIGATING THE LABYRINTH OF STATE-OWNED ENTERPRISES DISPUTES IN INDONESIA: A QUEST FOR EFFECTIVE RESOLUTION MECHANISMS

Kairupan, Maralda H. (Unknown)



Article Info

Publish Date
30 Aug 2023

Abstract

This paper critically assesses the adequacy of mediation as an alternative dispute resolution (ADR) method for resolving disputes between State-Owned Enterprises (SOEs) in Indonesia. It also explores the potential of other ADR methods for more effectively resolving such disputes specifically tailored for SOEs disputes. The paper commences by providing an overview of the mediation concept as an ADR mechanism, exploring its advantages and disadvantages. It then delves into the characteristics of typical SOEs disputes and the audit concerns associated with them. Subsequently, the paper examines international and Indonesian mediation practices, scrutinising their effectiveness and applicability in the context of SOE disputes. It also identifies the potential obstacles to using mediation to resolve SOE disputes, considering the inherent concerns of SOEs in making decisions. Based on these findings, the paper recommends the adoption of adjudication as an alternative ADR mechanism for SOEs disputes, advocating for the establishment of an Adjudication Tribunal tasked with rendering fair, impartial, and efficient decisions. Finally, the paper proposes a regulatory adjustment by identifying the potential risks associated with adjudication and providing mitigation strategies.

Copyrights © 2023






Journal Info

Abbrev

transbuslj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

TRANSNATIONAL BUSINESS LAW JOURNAL (TBLJ) is a journal published by the Department Transnational Business law, Faculty of Law Universitas Padjadjaran. TBLJ publishes its articles annually every February and August. The articles published by TBLJ are scientific articles that explain a research result ...