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All Journal Jurnal Hukum Acara Perdata ADHAPER Jurnal Bina Mulia Hukum Jurnal Hukum Acara Perdata Yuridika

Sujayadi ., Sujayadi

Fakultas Hukum Universitas Airlangga

Author-ID : 2570207

Law, Crime, Criminology & Criminal Justice

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PELAKSANAAN SITA JAMINAN DALAM HUKUM ACARA ARBITRASE Sujayadi Sujayadi; Yuniarti Yuniarti
Yuridika Vol. 25 No. 3 (2010): Volume 25 Nomor 3 September 2010
Publisher : Universitas Airlangga

Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. Despite historic resistance to ADR by many popular parties and their advocates, some courts now require some parties to resort to ADR of some type, usually mediation. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. In Indonesia based on the Law No. 30/1999 concerning Alternative Dispute Resolution and Arbitration, ADR is interpreted as alternative to adjudication as it is reflected in the title of the Law No. 30/1999. Based on article 32 the collateral forclosure is enable to be done. The procedure of this were adopting the procedure of the collateral forclosure in civil court.

INTERACTION BETWEEN THE SETTING ASIDE OF AN AWARD AND LEAVE FOR ENFORCEMENT Sujayadi Sujayadi
Yuridika Vol. 30 No. 2 (2015): Volume 30 No 2 Mei 2015
Publisher : Universitas Airlangga

Karaha Bodas case is a notorious case which demonstrates how is unpredictable of the Indonesian court’s practice when facing cases related to arbitration. This case shows various aberrations of the principles that have been commonly accepted in international commercial arbitration but distorted in practice, especially in Indonesia, therefore many experts in the field of international commercial arbitration always mention this case as a “pathology” in international commercial arbitration.[1] This article will examine the interaction between the attempt to set aside of the award, while on the other hand the successful party requests for enforcement in other jurisdictions. The discussion will be focused on the standings of the U.S. courts toward the annulment proceeding in and the judgement of the District Court of Central Jakarta. The findings in this article show that the U.S. courts – like any other jurisdictions – disobeyed the judgement of the annulment which was rendered by Indonesian court, because Indonesian courts were the secondary jurisdiction. In addition, the courts in which the enforcement sought may have discretion whether they will or will not enforce an award which has been vacated in the country of origin. The discretion is guaranteed under the New York Convention 1958.

BINDING EFFECT OF ARBITRATION CLAUSE TO THIRD PARTIES: PRIVITY OF CONTRACT DOCTRINE Vs. PIERCING THE CORPORATE VEIL Y Sogar Simamora; Sujayadi Sujayadi; Yuniarti Yuniarti
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

The arbitration agreement is the legal basis for the arbitration forum to examine and adjudicate the dispute which arose from a private relationship where the parties agree to settle the dispute in arbitration forum. As an agreement, the arbitration agreement still applies the principles of contract, including the principle of privity of contract. In the doctrine of privity of contract, an agreement is only binding and have legal effect only to the parties, the agreement in principle, cannot provide profit or loss to a third party. In the arbitration agreement, only the parties are bound by the arbitration agreement that can become parties to the case investigation. However, in the development of arbitration practice also shows that a third party, not a signatory to the arbitration agreement can be held accountable through an examination of the arbitration case. Such a situation is possible if the third party is resident as a holding company or shareholder of a limited liability company, in which the limited liability company is bound by an arbitration agreement, and the holding company or shareholder proven to perform actions through a subsidiary or a limited liability resulting harm the other party.

Regulating Court Jurisdiction to Protect Weaker Parties: An Overview of the Indonesian Civil Justice System Sujayadi, Sujayadi; Wijayanta, Tata; Herliana
Yuridika Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i2.43835

It is necessary to facilitate an easy access to the courts to protect weaker parties. This can be achieved by regulating the personal jurisdiction of the court, so that weaker parties can easily access the courts. In Indonesian civil justice system, some regulations have been implemented to protect weaker parties through the jurisdiction of the courts. This article will elaborate those regulations and their obstacles in protecting the access of consumers, workers, women and children, and foreigners to the Indonesian courts. Statutory approach with reference to the general principles of the court personal jurisdiction and the principles of access to justice for the weaker parties will be employed. This article finds that some regulations related to the court personal jurisdiction in Indonesia provide protection to the weaker parties by allowing them to submit their claim to the court where they reside against the counterparty. However, lack of consistency may hinder the implementation.

Co-Authors Herliana Herliana Herliana Tata Wijayanta Yohanes Sogar Simamora Yuniarti Yuniarti Yuniarti Yuniarti

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