The Indonesian private law system does not provide a means to obtain information on the assets owned by a party. There is no provision in Indonesian civil procedure law that authorises the court to issue an asset disclosure order. Additionally, Indonesia currently lacks a centralised database for tracking a party’s asset ownership.
However, under Indonesian law, one can verify the ownership status of a party’s assets to the respective agency. For instance, if one has information that a party owns a specific plot of land, one can verify the validity of this information with the National Land Agency. Similarly, if the information pertains to shares in an Indonesian company, it can be verified with the Ministry of Law and Human Rights.
The Indonesian civil courts are empowered to issue various types of judgments and orders depending on the nature and circumstances of a case. The following is a list of the domestic judgments available.
The procedures to enforce domestic judgments are as follows.
The costs charged to enforce domestic judgments may vary in every District Court. As an example, in the Central Jakarta District Court, enforcement costs are as follows:
Please note that the above costs are subject to change annually, and may differ in practice depending on various factors, such as the type or number of items enforced.
The time taken to enforce domestic judgments is not strictly regulated under Indonesian law. According to the Enforcement Guidelines at the District Court issued by the Supreme Court, the only matter regulated is that the head of the District Court is authorised to follow up with the execution process if the enforced party does not fulfil the judgment voluntarily after eight days from the delivery of the enforcement warning in the incidental hearing schedule, or if the enforced party is absent during the hearing.
The timeline of enforcement depends on several factors on a case-by-case basis, such as, among others, the object to be enforced and the circumstances of safety for the enforcement. Based on practices in place, the execution process can span months to years.
Under Indonesian law, there are no available post-judgment procedures for determining the defendant’s assets. The burden of searching for and assessing the defendant’s assets lies with the applicant of enforcement. Please note that assets for which there is unclear information or invalid ownership status may be subject to dispute during enforcement.
Enforcement of a court judgment can be challenged as follows:
For a default judgment, enforcement will be postponed if the defendant files a challenge (verzet) against the judgment, with the substance addressed regarding the consideration of the judgment and the arguments of the plaintiff in the lawsuit.
Please note that the head of the District Court which performs the enforcement has the discretion to temporary suspend the enforcement. The suspension is casuistic and exceptional, such as on the basis of a challenge to enforcement as explained above, or due to physical attacks on officers when performing the enforcement.
Aside from the above-mentioned challenges to the enforcement of domestic judgments, there are also conditions where a judgment may be declared unenforceable (see 2.6 Unenforceable Domestic Judgments).
Under Indonesian civil procedural law, a judgment that is already final and binding may be declared unenforceable by the head of the District Court under the following conditions:
Except for a judgment that is only declaratory, or to establish a legal relationship, the head of the District Court is not authorised to stipulate that a judgment is unenforceable prior to the entire enforcement process being conducted. The declaration of unenforceability must be based on the minutes prepared by the bailiff ordered to enforce the judgment.
Indonesia does maintain a register for judicial judgments of all levels (the “Directory”), although not all judgments are included, and the process for uploading judgments can take time.
Although not all cases are available in the Directory, when they are, the Directory provides basic details such as case information (case number, court level, classification, keywords), court and judge information (name of the judges and clerk), and details of the judgment (the result of the verdict, finality status, verdict date, registration date, abstract). The Directory can also provide access to the copy of the judgment at all levels.
Separately, there is also a Case Tracking Information Registry (Sistem Informasi Penelusuran Perkara (SIPP) that is maintained independently by the relevant courts and frequently updated as a case goes on. Users typically refer to the SIPP to monitor the development of the cases. Although SIPP also contains preliminary information about a case, it does not provide access to a copy of the judgment.
Generally, even though the award debtor has satisfied the judgment, any information relating to the case either in the Directory or SIPP will not be removed.
Indonesiais not a party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign court judgments.
If a successful party wishes to enforce a foreign court judgment against the losing party, the former must initiate a new case or fresh claim in the relevant Indonesian court, where the foreign court judgment may be submitted as evidence in that new claim. The panel of judges will then determine the probative value of the judgment.
However, Indonesia ratified the 1958 New York Convention under Presidential Decree No 34 of 1981. The enforcement of foreign arbitral awards has also been regulated in Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution. Pursuant to the regulation, Indonesia can recognise and enforce specifically foreign arbitral awards.
The variations in approach to enforcing foreign court judgments are not applicable, since Indonesia does not have a legal source of bilateral or multilateral treaties to recognise such judgments.
However, please see 4.4 Process of Enforcing Arbitral Awards for our insight on the variations in approach to enforce foreign arbitral awards.
Under Indonesian laws, foreign court judgments cannot be enforced directly. A new lawsuit must be filed in an Indonesian court to obtain a domestic court judgment, and only then can the enforcement be implemented.
However, please see 4.3 Categories of Arbitral Awards for our comments on the categories of foreign arbitral awards not enforced.
The enforcement process for foreign court judgments is not applicable under Indonesian law as Indonesia is not a party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign court judgments. Please see 4.4 Process of Enforcing Arbitral Awards.
The cost and time taken to enforce foreign court judgments are not applicable under Indonesian laws as Indonesia is not a party of any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign court judgments.
However, please see 4.5 Costs and Time Taken to Enforce Arbitral Awards.
As foreign court judgment is unable to be enforced in Indonesia, challenging the enforcement of foreign court judgments consequently are also not applicable.
However, please see 4.6 Challenging Enforcement of Arbitral Awards.
Public Policy Exception
One of the grounds for non-enforcement of foreign arbitral awards is the award being in violation of “public policy”. However, there is no specific definition of what can amount to public policy, allowing the Central Jakarta District Court considerable discretion in constituting such a violation. Several cases have seen courts refuse enforcement of arbitral awards on the grounds of public policy violations citing concerns over Indonesian sovereignty or fundamental legal principles.
Recent Supreme Court Regulation No 3 of 2023 on Procedure for Appointment of Arbitrator by the Court, Right to Challenge, Examination of Application for Execution, and Annulment of Arbitral Award (“the Regulation”) attempts to clarify this by aligning public policy with essential principles necessary for Indonesia’s legal, economic, and socio-cultural systems. However, the practical impact of this remains to be fully realised.
Procedural Hindrances in Enforcing Foreign Arbitral Awards
Enforcing foreign arbitral awards in Indonesia involves several administrative and procedural hurdles and enforcing parties must provide the following.
Navigating the above requirements can be time-consuming, and involves dealing with bureaucratic processes (See 4.4 Process of Enforcing Arbitral Awards for more information).
The enactment of the Regulation has introduced an additional requirement, power of attorney from the arbitration institution itself, under certain circumstances. This can be particularly burdensome for international institutions unfamiliar with Indonesian legal practices, potentially causing significant delays in the enforcement process. Acquiring these documents necessitates a thorough understanding of both local and international legal frameworks, adding to the complexity and duration of enforcement efforts.
Enforcement of Tribunal-ordered Interim Measures
While arbitral tribunals are vested with the power to order interim measures under Indonesian Arbitration Law, these measures often lack practical enforceability. Orders such as asset freezes or injunctions typically require court intervention to be effective. The recent regulation aims to address this by allowing applications for collateral confiscation to be filed with the courts. However, the mechanism for enforcing other forms of interim measures remains unregulated, leaving a gap in the practical application of tribunal-ordered interim relief. The overall effectiveness of these provisions is yet to be seen.
Definition of Domestic and Foreign Arbitral Awards and its Conundrum
Under Law No 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”), an arbitral award is deemed foreign if the seat of arbitration or the administering institution is outside Indonesia. This distinction is crucial, because domestic and foreign awards undergo different procedural treatments for enforcement and annulment.
For example, the setting-aside mechanism under Article 70 of Indonesian Arbitration Law applies only to domestic awards, not to foreign laws. Despite this clear distinction, there have been instances where parties attempted to misclassify foreign awards as domestic to exploit Article 70.
In the Pertamina v Lirik Petroleum case, there was an attempt to set aside an ICC Arbitral Award using grounds under Article 70 of the Indonesian Arbitration Law. The Supreme Court, however, ultimately upheld the foreign status of the arbitral award, as the arbitration was subjected to ICC Rules – rules derived from international arbitral institution. This decision reinforced the principle that Indonesian courts cannot annul foreign arbitral awards, even though the High Court of Jakarta initially overstepped its jurisdiction.
Indonesia’s approach to enforcement varies between domestic and foreign arbitral awards due to differing legal and procedural requirements (See 4.4 Process of Enforcing Arbitral Awards).
Domestic Arbitral Awards
In order to be enforced, the relevant District Court will need to examine whether the domestic arbitral award fulfils the requirements of the following Articles of Arbitration Law:
Foreign Arbitral Award
Indonesia has specific provisions under its Arbitration Law stipulating requirements for foreign arbitral awards to be enforced, as follows.
Further, although not explicitly addressed, there has been an instance where a Central Jakarta District Court refused to grant an exequatur to enforce an award on preliminary issues of jurisdiction, interim anti-suit injunction and joinder since the Central Jakarta District Court deemed such award to be lacking final award attributes (Astro Nusantara et al v Ayunda et al).
It remains to be seen whether, by virtue of the recent enactment of the Regulation that allows enforcement of partial award, the Central Jakarta District Court will reconsider its approach as it did in Astro Nusantara et al v Ayunda et al.
Domestic Arbitral Awards
The process for enforcing domestic arbitral is as follows.
Registration of the award
Enforcement of the award
Execution of the award
Foreign Arbitral Awards
The process for enforcing foreign arbitral awards is as follows.
Registration of the award
Exequatur phase
Execution of the Award
Special procedure for awards involving Indonesia
Additional Provisions Under the Regulation
The Regulation introduced several new features and requirements that are relevant for enforcement of arbitral awards in Indonesia. Several examples worth noting are presented below.
The exact costs and time required to enforce arbitral awards in Indonesia can vary significantly depending on numerous factors. While it is challenging to provide precise figures, we can outline the key aspects that influence the cost and duration of the enforcement process. This will help readers estimate potential expenses and timeframes based on their specific circumstances.
Domestic Arbitral Awards
Enforcing domestic arbitral awards in Indonesia typically involves costs arising from the registration and enforcement processes. Each district court sets a fixed fee, which may change annually. For instance, the registration fee for a domestic arbitral award at the Central Jakarta District Court is set at IDR145,000 (using the 2023 rate). Additional costs may be incurred during the execution process, including fees for summoning parties, execution, and auctioning assets.
Nevertheless, the cost can vary significantly should there be any significant resistance from the award debtor.
Arbitration Law or the Regulation do not specify a timeline for the court to complete the enforcement of domestic arbitral awards. However, once the execution order is issued, and provided there are no significant objections from the award debtor, the enforcement is relatively fast.
Foreign Arbitral Awards
Enforcing foreign arbitral awards involves higher costs than domestic awards due to their international nature. On top of the court-imposed registration and execution fees, additional costs are incurred for translation purposes. Another cost parties might incur would be for acquiring and authenticating required power of attorney from the arbitrator and the appointing institution, as well as a statement from the relevant Indonesian embassy that the country where the award is rendered is a party to the New York Convention.
The court also implements higher fixed fees for the registration and enforcement of foreign arbitral awards. For instance, the registration fee for a foreign arbitral award is set at IDR665,000. Additional costs apply for summoning international parties, and covering the rogatory costs of the recipient country.
Similar to domestic awards, there is no specific deadline prescribed under the arbitration law and the regulation for enforcing foreign arbitral awards. In practice, however, the lengthy process typically occurs during the exequatur phase. The court has no deadline for issuing an exequatur, and the parties can raise several challenges, rendering the process potentially lengthy. Once the exequatur is obtained, however, the enforcement process follows the procedures for domestic court judgments, which is relatively fast provided that there is no further substantial resistance from the other party.
Domestic Arbitral Awards
For domestic arbitral awards, the primary method of challenging enforcement is through the setting-aside procedure under Article 70 of the Indonesian Arbitration Law (Law No 30 of 1999). This provision allows a party to request annulment of the arbitral award on specific grounds, as follows.
These challenges must be filed within 30 days of the date that the award is received by the party seeking annulment. The application to set aside the award is made to the District Court where the arbitration took place.
Please also note that, according to the Regulation, if there are simultaneous applications for annulment and enforcement of a domestic arbitral award, the enforcement is stayed until a decision on the annulment is made.
Foreign Arbitral Awards
For foreign arbitral awards, Arbitration Law and the Regulation do not explicitly provide a method for challenging the enforcement of an arbitral award. The authority to rule on the enforcement of foreign awards lies with the Central Jakarta District Court.
However, we have observed a practice where parties file resistances during the exequatur phase and the court subsequently considers them, although such procedures are not covered in the applicable laws and regulations.
After the issuance of the Regulation clarifying this procedure, it remains to be seen whether this will change the court’s approach to entertaining resistance filings or appeals against exequatur decisions.
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info@ahp.id www.ahp.idFrom Resources to Resolution – Indonesia’s Downstream Push and Dispute Readiness
Indonesia 2045 “golden vision” and related measures
The ambitious 2045 Golden Indonesia Vision, announced by President Joko Widodo, underscores the importance of industrial downstreaming and resource nationalism. The vision aims to transform Indonesia into one of the world’s top five economies by 2045, coinciding with the 100th anniversary of the country’s independence. President Jokowi has emphasised the crucial role of downstream industries in achieving this vision, with a particular focus on adding value to natural resources domestically rather than exporting raw materials.
Indonesia’s strategic focus on enhancing its downstream business sector is reshaping its economic landscape and positioning the country as an emerging hub for dispute resolution. As part of its broader industrial policy, Indonesia is leveraging its rich natural resources, particularly in the mining and energy sectors, to drive value-added processing and manufacturing activities. This position is supported by Indonesia’s Constitution which provides that “the land and waters and the natural wealth contained in it shall be controlled by the state and utilised for the optimal welfare of the people”.
Indonesia’s export restriction policy, initiated with the 2009 Mineral Law, mandates smelter development as a condition for export. However, the most comprehensive legislation emerged in 2019, banning the export of 1.8% grade nickel ore entirely. The premise of this law was relatively straightforward: refining nickel domestically would enhance Indonesia’s value-adding capacity for exports. Apart from nickel-related measures, other measures follow suit. Such as restrictions on bauxite in 2023, and other restrictions to follow on copper, tin, and gold.
Aftermath of downstream focus and resource nationalism on nickel
By reducing environmentally destructive exploitation and domestically processing nickel within Indonesia, significant investments have flowed into industrial zones outside Java, particularly in Central Sulawesi, Southeast Sulawesi, and North Maluku. This initiative has drastically improved local economies, with nickel product exports (HS-75) soaring from approximately USD800 million in 2015 to USD6 billion in 2022. This transformation not only highlights the economic benefits of downstreaming but also underscores Indonesia’s potential to become a global player in value-added resource industries.
The nickel export ban exemplifies this policy’s success, spurring investment in smelter development, increasing smelters from two in 2014 to 13, with plans for 30 by 2024. Further, according to the United Nations COMTRADE data, Indonesia’s export of stainless steel was close to zero back in 2014 but exceeded USD10 billion in 2021. For ferronickel and other nickel products, the export increases six times from around USD3 billion in 2014 to almost USD20 billion in 2022. Domestically, nickel nationalism has been widely embraced as a means of boosting economic growth and employment.
However, this success has come at a cost at international level. The world export of ferronickel goes down from around USD850 billion in 2014 to around USD450 billion in 2022, indicating that global production of ferronickel is slowing, since Indonesia restricts its nickel ores supply. This prompted many countries, especially the European Union (EU) as a major importer of raw minerals, to bring this case to the World Trade Organization (WTO).
In 2019, the EU brought a case against Indonesia at the WTO, labelling Indonesia’s nickel policy as a trade-restrictive measure. This dispute concerns Indonesia’s prohibition on nickel ore exports and a domestic processing requirement (DPR), which the EU argued were inconsistent with Article XI:1 of the GATT 1994. Indonesia contended that the measures were necessary to prevent a critical shortage, and were justified under Article XI:2(a) and Article XX(d) of the GATT 1994. The Panel found both measures inconsistent with Article XI:1 and not justified under the exceptions. Indonesia appealed the decision in December 2022, but the case is currently stuck in the WTO Appellate Body due to its non-operational status. In 2023, Indonesia retaliated against EU countervailing duties on its stainless-steel exports before WTO, highlighting ongoing trade tensions.
The future of downstream focus and resource nationalism
Under the potential future leadership of the Prabowo-Gibran pairing, resource nationalism is expected to continue. Prabowo has indicated his unwavering support for downstreaming programme and its associated benefits.
Since the torch of resource nationalism is likely to be passed to the next leadership, it is safe to assume that the WTO case will not be the last case that Indonesia will face. This will then bring several questions to light. What potential cases can we foresee with Indonesia’s focus on downstream business and resource nationalism? This evolving landscape necessitates a robust dispute resolution framework to handle the increasing complexity and volume of commercial disputes, and is Indonesia ready for it?
Potential international and domestic disputes on the horizon
Indonesia’s ongoing emphasis on resource nationalism and promoting local processing is likely to generate various disputes on multiple fronts. As the country continues to implement policies aimed at enhancing downstream industries, several potential areas of contention may arise.
First, the move towards resource nationalism and the promotion of local processing could lead to investor-state disputes. Foreign investors affected by Indonesia’s policies might seek recourse through investment treaty arbitration, citing breaches of international treaty obligations such as the relevant Bilateral Investment Treaties, ASEAN Comprehensive Investment Agreement (ACIA), and the Regional Comprehensive Economic Partnership (RCEP). These disputes could involve claims of expropriation, unfair treatment, or violation of investment protections. Recent examples from other countries illustrate the potential for such disputes: In Cassius Mining v Ghana, Australian mining company Cassius is seeking USD300 million in compensation from Ghana, and in Nachingwea v Tanzania, UK investor Nachingwea successfully won USD109 million from Tanzania. Both cases stem from the countries’ resource nationalism drive, which led to the host state’s reluctance to extend or grant the investor’s mining license to operate. Indonesia must be prepared for similar arbitration cases, which could arise from its evolving policies.
Second, Indonesia is likely to face additional complaints at the WTO, similar to the European Union’s challenge to its nickel export ban. These could arise should Indonesia implement another measure that other countries deem to be violating WTO rules. Such disputes could lead to retaliatory tariffs or other trade sanctions against Indonesia. The paralysis of the WTO Appellate Body, however, currently limits the effectiveness of the WTO’s dispute resolution mechanism. This paralysis means that, while complaints can be filed and initial rulings made, there is no functioning appellate body to hear appeals. Consequently, disputes remain unresolved at the appellate level, reducing the immediate impact of potential rulings against Indonesia. This is exactly what happened in the nickel case, where the dispute is currently in limbo due to the non-operational status of the Appellate Body. This situation is temporary, and once the Appellate Body is restored, Indonesia may face significant exposure to adverse rulings and retaliatory measures. Thus, while the current operational issues of the WTO provide a temporary reprieve, Indonesia must remain vigilant and prepared for future challenges when the WTO dispute resolution process is fully functional again.
Apart from the potential international disputes described in the first and second scenarios, Indonesia’s drive toward local processing and resource nationalism can also lead to various domestic disputes. For instance, employment disputes may arise from labour practices in industrial zones, including labour strikes and challenges related to discrimination and labour rights violations. Environmental disputes could stem from local community lawsuits concerning mining activities and their impact on the environment. Additionally, contractual disputes might occur due to abrupt changes in regulations affecting existing agreements between companies and the government. These domestic disputes highlight the need for robust mechanisms to protect labour rights, address environmental concerns, and resolve commercial conflicts efficiently within Indonesia’s legal framework.
The state of dispute resolution landscape in Indonesia – key developments
Supreme Court Regulation No 3 of 2023
The recent enactment of Supreme Court Regulation No 3 of 2023 on Procedure for Appointment of Arbitrator by Court, Right to Challenge, Examination of Application for Execution, and Annulment of Arbitral Award (the “Regulation”) marks a significant milestone in Indonesia’s dispute resolution framework. This Regulation introduces pivotal updates, including the formal recognition of Shariah arbitration, provisions for the enforcement of collateral confiscation, and streamlined procedures for recognising and enforcing foreign arbitral awards. Additionally, it addresses the annulment of domestic awards and sets stricter procedural timelines to enhance the efficiency of dispute resolution processes. These updates are designed to increase legal certainty and trust in Indonesia’s arbitration and dispute resolution mechanisms.
Proliferation of ADR institutions
Indonesia has witnessed a significant proliferation of ADR institutions, reflecting the country’s commitment to offering diverse and specialised dispute resolution services. This growth is a testament to the “A” in ADR, emphasising alternatives. Creating more options provides users with diverse choices tailored to their specific needs. Such institutions, among others, are as follows.
These specialised ADR institutions ensure that sector-specific expertise and tailored solutions are available to resolve disputes in these critical areas. This strategic expansion underscores Indonesia’s dedication to enhancing its legal infrastructure and fostering a more effective dispute resolution environment.
New Indonesian laws
Indonesia is currently undergoing a transformation of its legal landscape as part of the 2045 Golden Indonesia vision, which aspires to achieve a state of “law supremacy”. The National Legislation Program (Program Legislasi Nasional or PROLEGNAS) sets forth the legislative priorities to be presented before Indonesia’s House of Representatives. For the 2024-2029 period, PROLEGNAS lists 263 draft bills aimed at modernising and improving various aspects of the legal framework. Among these, four bills are crucial in preparing Indonesia’s dispute resolution framework, as follows.
These legislative efforts are part of Indonesia’s broader goal to enhance its legal infrastructure, ensuring that the dispute resolution system is robust, reliable, and capable of handling both domestic and international disputes effectively.
Winter is coming – is Indonesia ready?
Indonesia has made strides in enhancing its dispute resolution framework, as noted above. However, the question remains whether these advancements are sufficient to cope with the anticipated surge in disputes resulting from its aggressive resource nationalism policies. The evolving legal landscape demands continuous adaptation and improvement to ensure that Indonesia is not only a leader in resource processing but also a model for effective dispute resolution.
Amendment to the Arbitration Law
While the Regulation introduces important updates, the Law No 30 Year 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”) itself requires a comprehensive overhaul. Notably, the Arbitration Law was not included in the 2020-2024 PROLEGNAS, and it is hoped that it will be listed in the upcoming 2025-2029 PROLEGNAS. Key areas for amendment include the enforcement of interim measures, the availability of emergency arbitrators, the legalisation of third-party funding, and curated synchronisation with the UNCITRAL Model Law. Additionally, the regulation of class-arbitration, whether at the statutory or institutional level, should be addressed to enhance the arbitration framework further.
Enhancing the current arbitral institution framework and capacity building for Indonesian arbitrators
More institutions do not necessarily mean better services. While it is encouraging to see Indonesia’s interest in developing arbitral institutions, these must meet users’ needs effectively. According to the SIDRA Survey in 2022, factors that users value in an arbitral institution include robust institutional rules and a high-quality panel of arbitrators. Therefore, institutions must ensure their rules are up to date, offering features such as expedited procedures, emergency arbitrators, consolidation, joinder, award scrutiny, and class arbitration. Moreover, the quality of Indonesian arbitrators needs improvement if they are to compete internationally. Currently, only a limited number of Indonesian arbitrators are empanelled with renowned international arbitration centres: nine with the AIAC, six with SIAC, and two with HKIAC. This underscores the urgent need for Indonesia to develop world-class arbitrators who are well-versed in the current international arbitration landscape.
These steps, while not exhaustive, are crucial for Indonesia to prepare for the potential influx of disputes arising from its ambitious downstream and resource nationalism policies. They will significantly enhance the country’s ability to handle both domestic and international disputes effectively.
Conclusion
Indonesia’s ambitious downstream business strategy and resource nationalism are reshaping its economic and legal landscape. The 2045 Golden Indonesia Vision underscores the importance of these policies, aiming to transform Indonesia into a global economic powerhouse. While these initiatives have significantly boosted the economy, particularly in the nickel sector, they have also led to various legal and commercial issues, both domestically and internationally. The Supreme Court Regulation No 3 of 2023 and the proliferation of ADR institutions mark significant strides in strengthening Indonesia’s dispute resolution framework. However, further accelerating the transformation of key laws and comprehensively amending the Indonesian Arbitration Law are essential. Additionally, enhancing the capacity of existing arbitral institutions and building the expertise of Indonesian arbitrators are crucial. These steps, while not exhaustive, will significantly enhance Indonesia’s ability to handle both domestic and international disputes effectively, positioning the country as a key global hub for dispute resolution.
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