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, especially in Indonesia, is often the main choice for many parties because it has a number of advantages compared to resolving disputes in the District Court. Some of the advantages of dispute resolution through arbitration include that the parties can independently choose arbitrators, which improves the quality of the decision. In addition, the decision-making process is faster, the decision is confidential, and the relationship between the disputing parties is maintained.
In addition, in terms of legal procedure, there is flexibility that is still within the legal corridor. 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 remedies that can be filed against the arbitration award. 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 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 demanded by the opposing party;
- Does not contain one or more things requested to be decided; or
- Contains conflicting provisions.
Based on this provision, the decision of the arbitration panel still allows for corrections or objections to be submitted, as long as the material for the correction or objection is in accordance with the contents of Article 58. This is possible because arbitrators, as humans, can make mistakes. However, what is of concern is that the procedures for submitting corrections or objections and conveying the results have not been regulated in detail in the Law. This includes the procedure if one of the parties submitting an objection is granted by the arbitrator or arbitration panel.
The importance of further regulation regarding the procedures for submitting corrections and objections and conveying 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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