Vaganti Safa Sukma Rubianti, . (2026) ASET PUBLIK NEGARA SEBAGAI OBJEK EKSEKUSI DALAM PELAKSANAAN PUTUSAN ARBITRASE INTERNASIONAL (STUDI KASUS KEMENTERIAN PERTAHANAN VS NAVAYO INTERNATIONAL AG). SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum (SJISPH), 5 (3). pp. 945-955. ISSN 2964-0962.
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Abstract
International arbitration decisions are final and binding, thus providing legal certainty for the parties who obtain the decision to carry out execution. However, problems arise when the state loses the arbitration process and is required to compensate forlosses that have the potential to lead to state asset execution. This study aims to analyze the limitations of state public asset execution in the implementation of international arbitration decisions in the case of the Ministry of Defense of the Republic of Indonesia against Navayo Internasional Ag. This study uses a normative juridical method with a statutory, conceptual, and case approach. This study examines the case of a dispute between the Ministry of Defense of the Republic of Indonesia against Navayo Internasional Ag which caused problems due to the attempted confiscation of Indonesian diplomatic assets in Paris. The results of the study show that even though the state has lost its immunity from jurisdiction when involved in commercial transactions, the state still has protection for public assets through the doctrine of immunity from execution. Based on articles 19 and 21 of the United Nations Convention on Jurisdictional Immunities of States and Their Property 2004, assets used for government functions and public services such as diplomatic assets, central banks, and military assets cannot be made objects of execution. In the case of the Ministry of Defense of the Republic of Indonesia v. Navayo International Ag, Indonesian diplomatic assets in Paris do not qualify as objects of execution because they are used for non-commercial purposes and are protected under Article 22 of the 1961 Vienna Convention. Therefore, the Indonesian government must take alternative measures by negotiating and allocating commercial assets to fulfill the arbitration award obligations, such as assets of State-Owned Enterprises. This is crucial to create harmony between the state's obligation to fulfill compensation obligations and the protection of state assets.
| Item Type: | Article |
|---|---|
| Additional Information: | {No. Panggil: 2210611439} {Pembimbing: Wendy Budiati Rakhmi} {Penguji 1: Rianda Dirkareshza} {Penguji 2: Ema Nurkhaerani} |
| Uncontrolled Keywords: | International Arbitration, Execution, Public Assets, Immunity. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | VAGANTI SAFA SUKMA RUBIANTI |
| Date Deposited: | 26 Aug 2026 04:09 |
| Last Modified: | 26 Aug 2026 04:09 |
| URI: | http://repository.upnvj.ac.id/id/eprint/51658 |
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