Absolute Properties of Arbitration Decision in Business Dispute Settlement Based on Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution Law Based on Justice Theory Perspective

Aryani Witasari

doi:10.26532/jph.v4i3.2325

Abstract

Article 2 of Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Settlement indicates that dispute settlement or disagreement among parties in a certain legal relationship shall be the authority of the arbitration institution, if it has been agreed in an arbitration agreement. This research tried to criticize the concept of absolute nature of the arbitral decision in the settlement of business dispute in the perspective of the theory of justice. Method of data retrieval used in this research was by collecting literature study by studying data and analyzing the entire contents of library by linking to existing problems. The final and legally binding arbitral decision, if associated with Aristotle's corrective theory of justice, does not at all reflect the basic value of justice. This is indicated by not giving an opportunity for another party whose position is higher to correct the decision, whereas in the judicial system, the court as an ordinary court having legal status (legal statue) and legal authority (legal authority/legal power). Verdict the panel of judges can still be corrected through the usual remedies (appeals) and extraordinary reviews.

Highlights

Absolute Properties of Arbitration Decision in Business Dispute Settlement Based on Law No 30 of 1999 on Arbitration and Alternative Dispute Resolution continuity of the business actors involved in the conflict or dispute, so that the parties will seek to resolve the dispute
Referring to the provision of Article 3 of Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Settlement mentioned above, the district court is declared not authorized to adjudicate the dispute of the parties which have been bound by the arbitration agreement
Under the provisions of Article 2 of Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Settlement above, it indicates that dispute settlement or disagreement between the parties in a certain legal relationship shall be the authority of the arbitration institution—if it has been agreed in an arbitration agreement

Summary

Introduction

In accordance with the provisions of Article 60 of Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Settlement above, the decision of the arbitration institution already has a binding legal force (incraht van gewijsde). What is the Absolute Characteristic of the Arbitration Decision in Business Dispute Settlement Based on Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution in the perspective of Theory of Justice.

Results

Conclusion