JUNCTO: Jurnal Ilmiah Hukum
Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI

The Ambiguity of the 'Public Policy Clause in the Execution of Foreign Arbitration Awards in Indonesia

Ali Fikri, Ahmad Wildan (Unknown)



Article Info

Publish Date
05 Jun 2025

Abstract

Arbitration has appeared as a leading forum in settlement dispute commercial international. stated that execution decision arbitration international can implemented if not contrary to public policy. Usage This clause gives rise to confusion in interpretation and become the cause failure execution decision arbitration foreign so that required study about what is the cause confusion? and how to execute it so still can implement? This research is research that uses method study law normative equipped with an approach legislation, comparison and approach conceptual work done in a way descriptive analytical in to study interpretation clause in regulation applicable legislation, cases that occur in various countries to compared to as well as concepts as solution. Research results state that uses This clause is contained in the AAPS Act 1999 and Article V of the New York Convention for limit implementation arbitration foreign. Decision arbitration foreign need acknowledged or ratified in the country were implementation execution. Public policy not only concerning interest individual or group just but more to objective together, interests general, or citizens in general. Rejection decision arbitration based on policy public need condition outside usual, namely " threat" real and serious to interest fundamental society." The situation This also happened in India, the European Union and Russia with various each solution. In order not to be ambiguous, Execution decision should load certainty just law, principle consensualism, fair and equal treatment, and violation characteristic final and binding decision. It is hoped that this article will come as reflection stakeholders’ policy for escort 'public policy' clause general ' so as not to obstacle for execution decision arbitration foreign.

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Journal Info

Abbrev

juncto

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JUNCTO: Jurnal Ilmiah Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...