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All Journal CALYPTRA : Jurnal Ilmiah Mahasiswa Universitas Surabaya Jambura Law Review
Sylvia Janisriwati
Fakultas Hukum Universitas Surabaya
Education Law, Crime, Criminology & Criminal Justice

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KETERLIBATAN PIHAK KETIGA YANG TIDAK TERIKAT KLAUSULA ARBITRASE DALAM SENGKETA ARBITRASE Desy Rumuy Astuti; Sylvia Janisriwati; Hadi Mulyo Utomo
CALYPTRA Vol. 7 No. 2 (2019): Calyptra : Jurnal Ilmiah Mahasiswa Universitas Surabaya (Maret)
Publisher : Perpustakaan Universitas Surabaya

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Abstract

The purpose of this thesis journal is to meet the graduation requirementfor the Bachelor of Law from the Law Faculty of Universitas Surabaya. Thepractical aim of this paper is to determine whether a third-party whom is not tiedto an arbitration clause could be treated as parties to an arbitration agreement, andthus be bound by the arbitration decision. In general, the settlement of arbitrationis based on the arbitration agreement written by the parties in a dispute. In thecase of quarrel between PT RII against PT PT ISI and PT BKDI, there is a third-party involved — PT BKDI — which was not bound by the arbitration clauses. Theinvolvement of the third-party was approved by Badan Arbitrase PerdaganganBerjangka Komoditi (BAKTI), but struck down by the Supreme Court due to thenon-binding nature of a written agreement of arbitration to said third party.Therefore, the decision of BAKTI was overturned. However, according to Article30 of Arbitration and Alternative Dispute Resolution Law, there is a possibility ofinvolvement from third-party in the arbitration case with some limitations. If theterms and conditions are met, the involvement of the third-party can be consideredlegally valid in the arbitration process.
Responsibilities of Financial Technology Company Due To Failure to Pay By Loan Recipients Sylvia Janisriwati
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (585.806 KB) | DOI: 10.33756/jlr.v3i2.11267

Abstract

One form of business is due to current developments in financial technology (abbreviated as fintech), which means using technology to provide financial solutions. This study aims to see the responsibility of PT. Dana Agung Nusantara as the financial technology (fintech) lending provider due to default by lending recipients in the case of Central Jakarta Commercial Court Decision Number 113/Pdt.Sus-PKPU/2021/PN Jkt.Pst. This research is normative juridical research. In this study, the source of legal materials used consisted of 3 (three) legal materials, namely primary, secondary and tertiary legal materials. The technique of collecting data on legal materials is by using a literature study model using analysis of legal materials, which is used in descriptive qualitative content analysis. The results showed that the responsibility of PT. Dana Agung Nusantara as the financial technology (fintech) lending provider due to default by loan recipients by the case of Central Jakarta Commercial Court Decision Number 113/Pdt.Sus- PKPU/2021/PN Jkt.Pst that according to an OJK spokesperson, the party is responsible if The fintech collapsed is a P2P lending fintech provider. Meanwhile, if the borrower causes a default, it is the responsibility of the lender or investor.
Co-Authors Desy Rumuy Astuti Hadi Mulyo Utomo