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

Corporations Before Arbitral Awards: Between Contractual Autonomy and State Intervention

Ahmad Nizar Mohammad Syamwil (Universiti Malaya, Malaysia)
Nur Hafizah Husna (Universitas Islam Negeri Sumatera Utara)
Siti Kholizah (Universitas Islam Negeri Sumatera Utara)
Irpan Mauliandi Damanik (Universitas Islam Negeri Sumatera Utara)
Rahmad Fauzi Hasibuan (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 Jan 2026

Abstract

The increasing complexity of corporate business activities has intensified the potential for commercial disputes, thereby necessitating effective, efficient, and legally certain dispute resolution mechanisms. Arbitration has emerged as a preferred alternative for corporations due to its flexibility, confidentiality, and reliance on contractual autonomy. This study examines the legal status of corporations as subjects of law in arbitration, the scope of contractual autonomy in determining arbitral mechanisms, and the limits of state intervention through courts in Indonesia. Employing a normative legal research method with statutory and conceptual approaches, the research analyzes Law Number 30 of 1999 and relevant legal doctrines through systematic stages of issue identification, legal material collection, normative analysis, and conclusion formulation. The findings indicate that corporations possess full legal capacity to bind themselves to arbitration agreements and are obligated to comply with final and binding arbitral awards. Judicial intervention is strictly limited to procedural aspects of recognition, enforcement, and annulment, thereby preserving arbitral finality while ensuring legal certainty.

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 ...