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As we all know, since December 2019 the whole world has been hit by Corona Virus Disease or abbreviated as Covid-19. This virus originated in the Wuhan region of â€‹â€‹China. This virus spreads very quickly and there is no vaccine or cure.
Today, arbitration is one of the popular dispute resolution forums chosen by business actors on a local and international scale. As stated in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution ("Arbitration Law"), arbitration is a method of settling civil disputes outside the general courts based on an arbitration agreement made in writing by the parties to the dispute. In line with its nature and characteristics that prioritize effectiveness in dispute resolution, the arbitration forum is widely chosen by business actors because it is considered effective from various aspects that prioritize the following matters: (1) Confidentiality, where the examination of arbitration cases will be carried out in a closed and limited manner only for the parties to the arbitration agreement, which means that the confidentiality of the parties to the dispute will be protected, so that it does not have a negative impact on the parties to the case, in terms of protection of trade secrets (trade secrets) and the reputation of the parties which is not covered by the media; (2) Party autonomy, which gives the parties to the dispute the freedom to agree to determine the arbitration procedure that is considered the most effective for the parties, such as the language used, the governing law, and the arbitrator they will choose according to the choice and expertise of the arbitrator; and (3) A final and binding award, which means that the arbitration award is final and binding, so that there are no appeal, cassation, or motion to reconsider, which makes the examination of arbitration cases faster and more effective which, on average, takes no more than 6 (six ) month.
During the Corona Virus Disease-2019 (“COVID-19”) pandemic, almost all sectors of life were affected. The biggest impact was on the health sector and the economic sector. The transmission of COVID-19 was so fast and easy to every human being that it caused positive cases of COVID-19 to increase drastically every day so that the health sector was overwhelmed by this. The Indonesian Ministry of Health then implemented the Large-Scale Social Restrictions ("PSBB") policy as stated in the Minister of Health Regulation Number 09 of 2020 concerning Guidelines for Large-Scale Social Restrictions in Order to Accelerate Handling of Corona Virus Disease 2019 (COVID-19) ("Regulation 09/2020”), where the first PSBB was implemented in DKI Jakarta on 10-23 April 2020.
DKI Jakarta Governor Anies Baswedan issued Governor Regulation number 41 of 2020 on Sanctions on Violations of Large Scale Social Restrictions in Handling Covid-19 in DKI Jakarta Province.