Oentoeng Suria & Partners in association with Ashurst
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PRACTICE NOTES
Enforcement under Indonesia’s Arbitration Law
Indonesia’s Law Concerning Arbitration and Alternative Dispute Resolution, Law No. 30 of 1999 (the Arbitration Law), differentiates between domestic and international arbitral awards. Proceedings seated in Indonesia are treated as domestic, whereas those seated abroad are categorised as international. This has been reinforced by Constitutional Court Decision No. 100/PUU-XXII/2024. Enforcement pathways depend on that classification; this Practice Note addresses how international awards are enforced.
The enforcement procedure in Indonesia
Indonesia has ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), subject to reciprocity and commercial exceptions. Among other things, it enables enforcement in one signatory state of awards made in the territory of another. The Arbitration Law gives domestic effect to these treaty duties. Notably, the grounds to resist enforcement of an international award under the Arbitration Law are tighter than those in the New
Arbitration
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