Article 6 paragraph (9) of Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution as positive law stipulates that if the peaceful effort cannot be reached, then the parties based on written agreement may refer the settlement of their dispute through insitutional arbitration or ad hoc arbitration. Act Number 30 of 1999 does regulate not clearly and expressly on ad hoc arbitration. Seemingly, Act Number 30 of 1999 is more oriented to institutional arbitration. In Indonesia there are a number of institutional arbitration such as BANI, BASYARNAS, and BAPMI. This research is normative legal research. The type of the research is vague norm and the approaches applied are statute approach and comparative approach.The results of the research are as follows: firstly, Act Number 30 of 1999 regulates more on institutional arbitration and regulates relatively less on ad hoc arbitration. There are not sufficient regulation on the recruitment so it is not clear what the criteria and procedure of recruitment of ad hoc arbitrators. The position of the ad hoc arbitrators is unclear; the office or domicile of the ad hoc arbitration is unknown, thus, it makes difficult for the society who want to bring their disputes to the ad hoc arbitration. It is different from institusional one which has its own arbitration law of procedure (lex atribtri), ad hoc arbitration does not possess it own arbitration law of procedure (lex atribtri). The executorial power of the award made by ad hoc arbitration is still dilematic and its registration at the District Court is still hindered because the District Court is still reluctant to recognize the award of ad hoc arbitration. It is so because ad hoc arbitration is considered not so credible and the District Court does trust it because its existence is not clear. If an award is not registered at the District Court which is proven with the presence of Registration Deed issued by the District Court so such arbitral award cannot be executed (does not have executorial power).
Regulation, Ad Hoc Arbitration, Act Number 30 of 1999
International Journal of Trend in Scientific Research and Development - IJTSRD having
online ISSN 2456-6470. IJTSRD is a leading Open Access, Peer-Reviewed International
Journal which provides rapid publication of your research articles and aims to promote
the theory and practice along with knowledge sharing between researchers, developers,
engineers, students, and practitioners working in and around the world in many areas
like Sciences, Technology, Innovation, Engineering, Agriculture, Management and
many more and it is recommended by all Universities, review articles and short communications
in all subjects. IJTSRD running an International Journal who are proving quality
publication of peer reviewed and refereed international journals from diverse fields
that emphasizes new research, development and their applications. IJTSRD provides
an online access to exchange your research work, technical notes & surveying results
among professionals throughout the world in e-journals. IJTSRD is a fastest growing
and dynamic professional organization. The aim of this organization is to provide
access not only to world class research resources, but through its professionals
aim to bring in a significant transformation in the real of open access journals
and online publishing.