Is it Possible to Appeal the Recommendations of the Indonesian National Arbitration Board in Efforts to Achieve Justice

Abstract

This research aims to find out whether it is possible to appeal against BANI recommendations in an effort to achieve justice. This research is normative legal research with descriptive research type. This data was collected through literature study, regulatory study and document study. The results of this research show that the BANI decision is final, meaning that the arbitration decision cannot be taken as legal action. Meanwhile, arbitration decisions are binding, meaning they bind the parties, especially the parties to the dispute. This final nature means that it is the first and final decision, which cannot be taken as cassation, appeal or judicial review, except for cancellation by the court. This means that if the party involved in the decision is not willing to carry out the decision, in the sense of being forced to carry it out, and if they are still unwilling to carry out the decision, sanctions can be imposed. This is in accordance with the aim of the law to regulate and coerce, to regulate those who are willing to be regulated, and to coerce those who are not willing to be regulated.