Deception as a Condition for Cancellation of an Arbitration Award in Indonesia

Abstract

The phrase "deception" is one of the elements of the crime as a condition for the cancellation of an arbitration award, which is contained in the substance of Article 70 letter c of the Indonesia Arbitration and Alternative Dispute Resolution Law No. 30 of 1999. Elimination of explanation of Article 70 of Law No. 30 of 1999, the author sees that there is legal obscurity to the meaning of "deception" as a condition for the cancellation of an arbitration award. The norms as contained in Article 70 are the realm of criminal law, which in the settlement process is different from the realm of settlement through arbitration. This article is normative legal research with a statutory and conceptual approach. The result of this research is to explain and analyze the meaning of "deception" contained in the substance of Article 70 letter c of Law No. 30 of 1999 as a condition for the cancellation of an arbitration award. Whereas the element of "deception" which is used as a condition for the cancellation of an arbitration award in the arbitration settlement process is a criminal domain, so to prove this element must first be proven in the realm of criminal justice to obtain permanent legal force from the panel of judges. Elements of a criminal act cannot only be suspected but must be proven first.