After issuance of an arbitration award, voluntary abidance of the losing party is the expected ideal response. However, resistance to the award is not an uncommon situation. In that case, the winning party may take informal approaches to make the losing party fulfil the award. However, if the amicable attempts fail, then enforcing the award through legal proceedings is the option.
It must be understood from the very outset that enforcement of arbitration awards in Indonesia is a long-winded process that can be very exhausting. When the situation forces you to take the route, thorough preparation must be done prior to commencing the proceedings.
The existence of legally reachable significant value properties must be assured first so that the result is worth the effort. It also requires constant tolerance to extended period of the proceedings as the completion is hard to predict. Encountering unforeseen complications that may occur at each stage of the proceedings is also something that you have to be prepared for.
Depending on whether the award is domestic or international as well as the type and location of the targeted properties, in practice the enforcement may take months to more than a year until the entire process is completed.
In case you are in the need of enforcing an arbitration award in Indonesia, the flow-chart provided in the link below may give you a clear idea on the process.
