CONFIDENTIALITY OF DISPUTING PARTIES IN ARBITRATION PROCESS IN INDONESIA
Jafar Sidik

*) Lecturer of Law Faculty of Universitas Langlangbuana &
*) Lecturer of Magister Kenotariatan Universitas Islam Bandung

jafarlawcenter[at]gmail.com

Abstract

Business or commercial relation is not always harmonize. The disputes may arise between contracting Parties within the scope of commercial law, e.g. trading, banking, finance, investment, industry, intellectual property rights, etc. In this case, the Parties seek the suitable institution to settle their disputes to have the best solution on it . Arbitration could be the choice since it is a mean or a mechanism of settling civil disputes outside the general courts based upon an arbitration agreement entered into in writing by the disputing Parties. The arbitration award shall be final obtain legal force and binding upon both parties to the dispute. Besides, the arbitration mechanism guarantee the confidentiality of the party^s dispute. All hearings of arbitration disputes shall be closed to the public. On the other hand, all hearing of the general courts shall be disclosed (opened) to the public. This article tries to analyze the difference between the regulation and the implementation of confidentiality principle in arbitration and litigation process. The Qualitative method is used in this analysis with legal or normative and descriptive analyze based upon the library research that refers to RI Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution, RI Law No.48 of 2009 concerning The Authority of Justice and other Indonesia Regulations. The conclusion is confidentiality principle in arbitration process is explicitly adopted in Article 27 RI Law No.30 of 1999 and Article 14 paragraph 2 of BANI Rules and Procedures 2020.

Keywords: Arbitration, BANI Rules. Courts, Indonesia, Law.

Topic: Law and Ethic