Juridical Analysis of Arbitration Agreements from the Perspective of Civil Law

Abstract

This study examines the role of arbitration forums, particularly BANI, as an alternative dispute resolution method outside the court system. Arbitration agreements are recognized as valid and binding under Indonesian civil law based on the pacta sunt servanda principle and are supported by Law Number 30 of 1999. However, their effectiveness is often hindered by judicial intervention and non-compliance by the losing party. Using a normative juridical approach, this study highlights the importance of strengthening the arbitration system through legal literacy, consistent jurisprudence, and public education to achieve legal certainty in civil dispute resolution.