INTERPRETATION PUBLIC POLICY IN RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD IN INDONESIA TURN ASIDE THE LEGAL CERTAINTY

Authors

  • Nurnaningsih Amriani Candidate Doctor of Law in Sumatera Utara University

DOI:

https://doi.org/10.21776/ub.blj.2014.001.01.03

Abstract

Does not violate “public policy (public order/openbaare orde)†is the one of the main reasons for the recognition and enforcement of foreign arbitral award in Indonesia. It follow the rules of Article V of the New York Convention 1958 in which Indonesia ratified through Presidential Decree No. 34 of 1981. This article aims to provide a form of judge interpretation of the meaning of public order before and after the enactment of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, so there is no legal certainty. Therefore the meaning of "public policy" does not limit the scope described in the decree and the Arbitration Act, therefore the interpretation obtained by the decision of the Supreme Court who refused and received recognition of foreign arbitral award in Indonesia. Through the interpretation of this article, the parties involved in the arbitration agreement can predict whether their arbitration award may be given the recognition and implementation in Indonesia.

Author Biography

Nurnaningsih Amriani, Candidate Doctor of Law in Sumatera Utara University

Faculty of Law Brawijaya University, Malang, East Java, Indonesia

Magister of Law Airlangga University, Surabaya, East Java, Indonesia

Candidate Doctor of Law Sumatera Utara University, Medan, North Sumatera, Indonesia.

as Judge in Binjai District Court, North Sumatera.

Published

2014-09-26

How to Cite

Amriani, N. (2014). INTERPRETATION PUBLIC POLICY IN RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD IN INDONESIA TURN ASIDE THE LEGAL CERTAINTY. Brawijaya Law Journal, 1(1), pp.26–36. https://doi.org/10.21776/ub.blj.2014.001.01.03

Issue

Vol. 1 No. 1 (2014): Legal and Development

Section

Articles

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