Good Faith In Arbitration Resolution In Indonesia

Abstract

Good faith plays an important role in realizing final and binding arbitration decisions. Without good faith, the arbitration award is very difficult to be implemented immediately. Thus, the purpose of this article is to analyze the implications of good faith in resolving disputes through arbitration. The method used is normative juridical research. The nature of the study is descriptive analytics. The type of data in this study was carried out through library research. The conclusion of this article is that good faith must cling to the agreement, meaning that it is ready to accept and implement the legal consequences arising from the agreement. There are 2 types of efforts to avoid the implementation of final and binding arbitral awards: the request for cancellation of the principal agreement and the request for cancellation of the award by seeking reasons outside the provisions of Article 70 of Law Number 30 of 1999. Efforts to overcome the harm in good faith as a method of dispute resolution are associated with the goal of realizing legal certainty by adding a special procedure like dismissal in the arbitration procedure.