The Concept of Competence-Competence: An Indonesian Approach

In international arbitration, the concept of competence-competence, which allows an arbitral tribunal to make decisions in cases within its own jurisdiction, is regarded as a fundamental principle. However, state adoption notion into their national law has shown that each nation applies this principle different ways. order understand how competence-competence used jurisdiction Indonesian courts, it important first country’s legal system. Our findings demonstrated system needs clearly apply concept, making challenging use basis for arbitration deciding jurisdiction. This affects courts’ recognition principle, yet be applied accordance with original provision. The authors suggest Indonesia acknowledge and incorporate so can guide court’s practice. Adopting federal legislation improve efficiency contribute becoming supportive environment.
 Keywords: Arbitration, Competence-Competence, Arbitral Competence