TINJAUAN YURIDIS TERHADAP ARBITRASE SEBAGAI MEKANISME ALTERNATIF PENYELESAIAN SENGKETA.

Abstract

This research examines the juridical review of arbitration as an alternative dispute resolution (ADR) mechanism in Indonesia. The background of this study lies in the inefficiency of litigation in general courts, which is often perceived as time-consuming, costly, and procedurally rigid. Arbitration emerges as a solution with characteristics of faster proceedings, confidentiality, and binding legal certainty for the parties involved. The focus of this research is to analyze the legal basis, procedures, and effectiveness of arbitration as regulated under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. The method employed is normative juridical research with a statutory and conceptual approach. The findings indicate that arbitration offers significant advantages as a dispute resolution mechanism, but challenges remain, particularly in enforcing arbitral awards and in the resistance of losing parties. Therefore, stronger regulation and consistent judicial enforcement are required to ensure arbitration becomes a truly effective dispute resolution mechanism in Indonesia.

Keywords: Arbitration, Alternative Dispute Resolution, Civil Law, Effectiveness