Kekuatan Eksekutorial Putusan Arbitrase ditinjau dari Asas Kepastian Hukum

The purpose of this study is to determine and analyze whether final and binding arbitration awards can be appealed in court and the executory power of arbitration awards in terms of legal certainty. This study is a normative legal study using a legislative approach, concepts and case studies of court decisions that overturn arbitration awards under the provisions of Article 70 of the AAPS Law or outside the provisions of the aforementioned article. The results of the study show that although, in principle, arbitration awards have the characteristics of being final and binding as referred to in the provisions of Article 60 of the AAPS Law, they can still be subject to legal challenges for annulment in court on the legal grounds stipulated in the provisions of Article 70 of the AAPS Law, namely the existence of forged documents, documents that were concealed in a determinative manner, and fraud. Additionally, there are various court decisions that annul arbitration awards outside the grounds stipulated in the provisions of Article 70 of the AAPS Law on the grounds of public order (ordre public), which should not be annulled according to Article 70 of the AAPS Law. Furthermore, regarding the the enforcement (execution) of arbitration awards, both domestic and foreign, has not yet reflected legal certainty because the losing parties do not voluntarily comply with the award, so the court must consider the principles of reciprocity and public order to provide legal certainty for the parties in the enforcement of arbitration awards. Therefore, a uniform legal interpretation in the form of jurisprudence from the Supreme Court regarding the scope of the annulment of arbitration awards.