Jurnal Cendikia ISNU SU
Vol. 3 No. 1 (2026): ISNU Cendikia Mei

Reconstructing Arbitration as the Primary Mechanism for Investment Dispute Resolution in Indonesia: Balancing Legal Certainty, Investor Protection, and Judicial Supervision

Imamuddin (Universiti Malaya, Malaysia)
Vressilia Witama (Universitas Islam Negeri Sumatera Utara)
M. Rangga Syahputra Saragih (Universitas Islam Negeri Sumatera Utara)
Rayhan Nandini Telaumbanua (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 May 2026

Abstract

Investment plays a pivotal role in promoting economic growth and attracting capital, yet it is inherently vulnerable to disputes arising from contractual disagreements, regulatory changes, and conflicting legal interests. Although arbitration has been widely recognized as an effective mechanism for resolving investment disputes, existing scholarship predominantly emphasizes its procedural advantages while paying limited attention to its broader institutional function within the investment governance system. This study aims to examine the urgency of arbitration in resolving investment disputes in Indonesia and to develop an integrated institutional framework for strengthening arbitration as a mechanism for ensuring legal certainty and investor protection. Employing normative legal research, the study adopts statutory and conceptual approaches by analyzing Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, Law Number 25 of 2007 on Investment, the 1958 New York Convention, and relevant legal literature. The findings demonstrate that arbitration provides a legally recognized, final and binding dispute resolution mechanism that enhances procedural efficiency, neutrality, confidentiality, and legal certainty, thereby strengthening investor confidence. However, its effectiveness depends not only on legislative regulation but also on institutional coherence among arbitral tribunals, national courts, and enforcement authorities. Accordingly, this study proposes an Integrated Investment Arbitration Framework, which conceptualizes arbitration as an institutional governance model founded upon four interrelated dimensions: legal certainty, arbitral independence, proportional judicial supervision, and effective enforcement. The study concludes that strengthening these institutional dimensions is essential to maintaining investor confidence, improving Indonesia's investment climate, and aligning domestic arbitration practice with contemporary international legal standards.

Copyrights © 2026






Journal Info

Abbrev

jcisnu

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...