EKSISTENSI PERJANJIAN KLAUSULA ARBITRASE DALAM PENYELESAIAN SENGKETA BISNIS DITINJAU DARI ASAS PACTA SUNT SERVANDA DAN ASAS LEX SPECIALIS DEROGATE LEGI GENERALIS

This research examines the existence of arbitration clauses in business dispute resolution in Indonesia, with particular emphasis on the principles of pacta sunt servanda and lex specialis derogate legi generalis. The main problems analyzed include: (1) the challenges of implementing arbitration clauses in Indonesian legal practice, and (2) the ideal legal framework to ensure legal certainty in disputes bound by arbitration clauses. The research employs a normative juridical method with statutory, conceptual, and case approaches. Primary legal materials are derived from Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution and Law No. 48 of 2009 on Judicial Power, while secondary materials are obtained from literature, journals, and previous studies. The analysis is descriptive-qualitative to assess the application of legal norms and principles. The findings reveal that arbitration clauses in Indonesia face significant challenges, mainly due to conflicting norms between the Arbitration Law and the Judicial Power Law. In practice, district courts still accept disputes despite the existence of arbitration clauses, which undermines the final and binding nature of arbitration decisions. Several court rulings illustrate inconsistency in applying Article 70 of the Arbitration Law, leading to legal uncertainty. This research concludes that to ensure legal certainty, the principles of pacta sunt servanda and lex specialis derogate legi generalis must be consistently applied. A more harmonized legal framework is also required to avoid overlapping authority between arbitration tribunals and district courts.