Legal Literacy - This article discusses the advantages of dispute resolution through arbitration in Indonesia, the flexibility in choosing arbitrators, and the procedures for submitting corrections or objections to arbitration awards based on Article 58 of Law Number 30 of 1999. Discover the importance of further regulations regarding the procedures for submitting corrections and objections in arbitration.
The dispute resolution forum through arbitration institutions, particularly in Indonesia, is often the primary choice for many parties because it has several advantages compared to resolving disputes in the District Court. Some advantages of dispute resolution through arbitration include the parties being able to choose arbitrators independently, which improves the quality of the decision. In addition, the decision-making process is faster, the decisions are confidential, and the relationship between the disputing parties is maintained.
In addition, in terms of law procedure, there is flexibility that remains within the legal corridor. The appointed arbitrators are not only limited to those with a legal background, but can also come from various other disciplines. This guarantees the quality of the decision because the arbitrator understands the dispute from a legal and technical perspective.
The decision issued by the arbitration panel is final and binding. This means that there are no legal remedies such as appeals, cassation, or other legal efforts that can be filed against the arbitration decision. However, in accordance with the provisions of Article 58 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, within a maximum of 14 days after the decision is received, the parties may submit a request to the arbitrator or arbitration panel to make corrections to administrative errors, or to add to or reduce claims in the decision.
The explanation of Article 58 of the Law explains that "corrections to administrative errors" include typing errors or errors in writing the names, addresses of the parties, arbitrators, and so on, which do not change the substance of the decision. Meanwhile, "adding to or reducing the decision" applies if the decision:
- Grants something not claimed by the opposing party;
- Does not contain one or more things requested to be decided; or
- Contains conflicting provisions.
Based on these provisions, the arbitral tribunal's decision can still be subject to correction or objection, as long as the subject matter of the correction or objection is in accordance with the contents of Article 58. This is possible because arbitrators, as human beings, can make mistakes. However, the concern is that the procedures for submitting corrections or objections and communicating the results have not been regulated in detail in the Law. This includes the procedure if one of the parties submitting the objection is granted by the arbitrator or the arbitral tribunal.
The importance of further regulation regarding the procedures for submitting corrections and objections as well as communicating the results needs to be considered, given that arbitration decisions are final and binding. Without clear rules regarding this matter, justice seekers may experience obstacles when submitting corrections or objections to arbitration decisions that have been issued.
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