Penyelesaian Sengketa Antar Negara Melalui Arbitrase Internasional

Abstract

International arbitration is one of the primary mechanisms for resolving disputes between states or between states and foreign investors. It provides a faster, more flexible, neutral, and final solution compared to national court proceedings. Indonesia, as a developing country actively engaged in international cooperation, has ratified the 1958 New York Convention and enacted Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution as its legal foundation. However, the enforcement of foreign arbitral awards in Indonesia still faces significant challenges, both juridical and technical. Common issues include tensions between state sovereignty and international obligations, weak investment contract clauses, limited understanding of international arbitration among legal practitioners, and procedural obstacles in recognizing and enforcing arbitral awards in national courts. This study employs normative legal research with a library-based approach to analyze the position of international arbitration in dispute settlement, Indonesia’s legal framework regarding arbitral awards, and the challenges of implementation. The findings indicate that although Indonesia has established sufficient legal instruments, such as Law No. 30/1999 and the ratification of the New York Convention, implementation remains suboptimal due to the lack of synchronization between domestic law and international obligations. Therefore, strengthening investment contract regulations, enhancing the capacity of legal practitioners, and harmonizing national law with international legal standards are crucial. These measures will enable Indonesia to strengthen its position in handling international disputes while preserving its legal sovereignty.
Keywords: International Arbitration, Dispute Resolution, Indonesia, New York Convention 1958, Law No. 30/1999.