KEPASTIAN HUKUM PENOLAKAN EKSEKUSI PUTUSAN ARBITRASE ASING TERHADAP INVESTASI DI INDONESIA

Abstract

In the field of investment, the certainty on the enforcement and implementation of the law in a Country become one of the most important factor as a reference for businesspeople to invest in another Country. As one of the United Nation’s member which ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and through its positive laws in relation to the Arbitration, Indonesia has not been able to provide legal certainty on the enforcement as well implementation to the execution of the Foreign Arbitral Award in Indonesia which is indicated by the number of the Court Decisions refusing the execution of Foreign Arbitral Awards in Indonesia eve though the Award is final and binding, on that basis Indonesia is recognized by the international community as an arbitrary unfriendly country. This writing is made to discuss the necessity of the legal certainty in relation to the execution of Foreign Arbitral Award in Indonesia which will give positive impact for the foreign investment’s climate in Indonesia.