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THE ENFORCEMENT OF FOREIGN ABRITAL AWARDS IN INDONESIA

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Relation http://repository.ubaya.ac.id/126/
 
Title THE ENFORCEMENT OF FOREIGN ABRITAL AWARDS IN INDONESIA
 
Creator Sidabukke, Sudiman
 
Subject K Law (General)
 
Description 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.
 
Publisher University of Surabaya
 
Date 1995-09
 
Type Article
PeerReviewed
 
Format application/pdf
 
Language en
 
Identifier /126/1/sidabukke_enforcement.pdf
Sidabukke, Sudiman (1995) THE ENFORCEMENT OF FOREIGN ABRITAL AWARDS IN INDONESIA. Unitas, 4 (1). pp. 30-48. ISSN 0854-3097