Journal of Law, Poliitic and Humanities
Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities

Reformulating the Definition of International Arbitral Awards in Indonesia: Responding to Constitutional Court Decision No. 100/2024 and a Comparative Analysis with the Regulation of International Arbitration in Other Countries

Purba, Tesalonika Putri Pinuram Rambe (Unknown)
Amalia, Prita (Unknown)
Trisnamansyah, Purnama (Unknown)



Article Info

Publish Date
01 Sep 2025

Abstract

This article discusses the urgency of reformulating the Definition of International Arbitration Awards as a legal implication following the Constitutional Court Decision No. 100/PUU-XXII/2024 on the implementation of international arbitration awards in Indonesia. The removal of the phrase "deemed" from Article 1 number (9) of the AAPS Law marks a shift towards a more assertive territorial approach in determining the international status of an arbitration award. Although this step strengthens legal certainty, there are still serious challenges related to the unclear concept of "place of arbitration" in the AAPS Law and the absence of explicit parameters to define the elements of international arbitration. Through normative legal methods and comparative studies of arbitration practices in countries such as Singapore, Australia, England, Hong Kong, and France, this article suggests a more comprehensive reformulation of the definition of international arbitration. This reformulation needs to include clear legal boundaries, a distinction between national and international arbitration, and a more structured execution mechanism to support a modern and pro-investment arbitration system in Indonesia.

Copyrights © 2025






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...