ANALISIS YURIDIS PUTUSAN ARBITRASE YANG BERSIFAT FINAL AND BINDING DITINJAU DARI ASAS KEPASTIAN HUKUM

The final and binding principle in the arbitration system is designed to ensure fast, efficient dispute resolution and provide legal certainty for the parties. However, in practice in Indonesia, the implementation of this principle faces obstacles due to the provisions in Law Number 30 of 1999 concerning Arbitration, especially Article 70 and Article 72, which give rise to legal uncertainty. This research aims to examine regulations and the implementation of the final and binding principle in arbitration decisions in Indonesia. This research uses a normative juridical method with a statutory approach, a case approach and a legal concept approach. The research found that legal uncertainty arises from a loophole in Article 70 that opens up the opportunity for arbitration awards to be annulled on the basis of "fraud," which is often interpreted subjectively. The explanation of Article 72 also gives the district court the authority to determine the legal consequences of cancellation, which can cause an endless cycle of disputes. Apart from that, the disharmony between the Arbitration Law and the Judicial Power Law is also a factor in the uncertainty of arbitration decisions. Reformulation of Article 70 and Article 72 of the Arbitration Law is needed to clarify the limits on the annulment of arbitration awards and emphasize the principle of finality and binding. Harmonization of law through the application of the principle of lex specialis derogat legi generali is also important to ensure legal certainty.