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All Journal Unes Law Review Jurnal Ilmiah Wahana Pendidikan
Koswara, Indra
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Religion Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Peranan Arbitrase dalam Penyelesaian Perselisihan Hubungan Industrial Implikasi, Keuntungan dan Kelemahan Gultom, Walman; Ansari, Teuku Syahrul; Koswara, Indra; Pura, Margo Hadi
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 25 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10437483

Abstract

There are times when disputes with regret in industrial relations are regulated by Law Number 2 of 2004, namely the regulation of the procedure for resolving problems arising from industrial relations conflicts, the dispute resolution process can be passed from the mechanism outside the court or special court that specifically handles disputes in that field. The content of this research utilizes the normative juridical method as the research approach. This method involves tracing various secondary materials, such as laws and regulations. This research aims to analyze the legal framework governing the recognition and enforcement of foreign arbitral awards in Indonesia and Singapore, as well as to compare the differences and similarities between the legal frameworks in Indonesia and Singapore in terms of recognition and enforcement of foreign arbitral awards. Arbitration plays an important role in the out-of-court settlement of industrial relations disputes. In this study, several advantages of arbitration have been identified, such as cost and time efficiency, high level of confidentiality, legal certainty, and flexibility in settlement procedures.
THE EXISTENCE OF BASYARNAS IN THE JUSTICE SYSTEM IN INDONESIA Sahrudi, Sahrudi; Syahrul Ansari, Teuku; Koswara, Indra; Hadipura, Margo
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.693

Abstract

In legal matters, there are two attempts to resolve disputes between parties, one of which is by using a sharia-based dispute resolution system. Settlement of sharia-based disputes includes non-litigation (outside court) and/or litigation in court). Sharia disputes in court (Litigation) are requested through religious courts, and dispute resolution outside the court (Non Litigation) through sharia Arbitration bodies. In Indonesia, the institution that resolves sharia arbitration disputes is called BASYARNAS (National Sharia Arbitration Board), and the procedures for settlement are not much different from arbitration procedures in general. The legal basis for the settlement of sharia arbitration disputes is regulated in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and furthermore regarding the execution of sharia arbitral awards is regulated in Supreme Court Circular Letter No. 08 of 2008. This research uses a qualitative method with a normative approach and uses a library research collection method, as well as analyzing documents, data, information related to BASYARNAS. The results of research on the existence of BASYARNAS still depend on the district court.
Co-Authors Ansari, Teuku Syahrul Gultom, Walman Hadipura, Margo Pura, Margo Hadi Sahrudi, Sahrudi Syahrul Ansari, Teuku