Sidabukke, Sudiman (1995) THE ENFORCEMENT OF FOREIGN ABRITAL AWARDS IN INDONESIA. Unitas, 4 (1). pp. 30-48. ISSN 0854-3097
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Abstract
Indonesia is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted at New York on 10 June 1958 (the NewYork Convention). It has been ratified in Indonesia by Presidential Decree No. 3411 980, entered into force on August 5,1981. However, Indonesia does not have both a Domestic Arbitration and an International Arbitration Act. Therefore, each judicial body in Indonesia has a different interpretation of the New York Convention of 1958. For example, the Supreme Court of the Republic of Indonesia (known as: Mahkamah Agung Republik Indonesia) imposed that, eventhough Indonesia ratified the New York Convention of 1958, foreign arbitral awards cannot be enforced without implementing regulations!. On the other hand, the District Court of Jakarta Pusat (known as: Pengadilan Negeri Jakarta Pusat) made a decision that the enforcement of arbitral awards be based not on the New York Convention of 1958 but on the Geneva Convention of 1927. Then, on 1 March 1990, the Indonesian Government issued the Supreme Court Regulation No. 1 which implemented the New York Convention of 1958. However, this could not guarantee the Convention as expected because it contains provisions which are too abstract. Consequently, the enforcement of foreign arbitral awards in Indonesia now and in the future is still to be questioned. The following submission will explore these questions.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Law Enforcement, Foreign Abrital Awards |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law |
| Depositing User: | Perpustakaan UBAYA |
| Date Deposited: | 17 Feb 2012 03:14 |
| Last Modified: | 17 Feb 2012 08:55 |
| URI: | http://repository.ubaya.ac.id/id/eprint/126 |
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