Recognition and Enforcement of Online Foreign Arbitral Award in Indonesia

Abstract

In online arbitration mechanism that settle in overseas, the award to be the important point. The problem will arise if the default party refuses to enforce the arbitral award. The role of the court becomes urgent for recognition and enforcement of online foreign arbitral award. The problems that will be researched are the condition, the obstacles and the advantages of the recognition and enforcement of online foreign arbitral award in Indonesia. The purposes of this researched are to know the condition, the obstacles and the advantages of recognition and enforcement online foreign arbitral award in Indonesia. This thesis used normative method, the method that used document data sources such as legislation, court decision, legal theories, and the scholar's opinion. The approach method that used in this thesis is statue and historical approach. Statue approach which done by analyze the act and regulation that related to legal issue which handled. Historical approach which done by exploring the background of subject and development regulation on legal issue which handled. The method in gathering legal material was conducted by using library research. The results of the research are the recognition and enforcement of online foreign arbitral award not easy like the imagined. Many obstacles which made an online foreign arbitral award difficult to get recognize and enforced in Indonesia. until now, there is no record data that related to online foreign arbitral award that asking the recognition and enforcement from district court. The obstacle such as there is no specific regulation that governs about online foreign arbitral award, the existence of public policy, reciprocity reservation and nationality principle, official Language requirement, less of human resources. The advantages from recognition and enforcement of online foreign arbitral award are to encourage the existence of online arbitration mechanism, can change the perception of international community, increasingly of foreign trading and investment in Indonesia. The recommendations are Indonesian government need to improve the communication system, the amendment Act No 30 of 1999 or make special regulations that govern about online arbitration. With the right coordination to related parties and also hard effort to handle the problem.