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All Journal LAW REVIEW PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Journal of Private and Commercial Law
Muhamad Dzadit Taqwa
Faculty of Law, Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

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The Existence of Indonesian National Research and Innovation Agency: The Academic Freedom’s Perspective Muhamad Dzadit Taqwa; M. Irfan Dwi Putra; Muhamad Ali Muharam
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Vol 9, No 1 (2022): PADJADJARAN JURNAL ILMU HUKUM (JOURNAL OF LAW)
Publisher : Faculty of Law, Universitas Padjadjaran

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Abstract

Recently, Indonesia has taken a policy to merge all the research institutions, which were classified as non-ministerial institutions, into the National Research and Innovation Agency (BRIN –Badan Riset dan Inovasi Nasional). The BRIN is expected to (1) reduce the research costs for the research institutions; and (2) integrate and harmonize these institutions. On the other hand, the policy has drawn constitutional law scholars' attention. Many of them who concern that BRIN intervenes academic freedom in Indonesia. The main factor that causes the concern is the subordinate relationship between the President and the BRIN that restrain researchers from their academic activities. This study aims to reveal the potential problem in the light of academic freedom. This study is of position to argue that the existence of the BRIN will not become an issue if it does not disrupt the essential aspects of academic freedom. However, the necessity and the urgency of its existence still draws questions.DOI: https://doi.org/10.22304/pjih.v9n1.a6
THE GOOD FAITH PRINCIPLE IN TRUST AND CONFIDENTIALITY ON THE ARBITRATION PROCESS Anangga W. Roosdiono; Muhamad Dzadit Taqwa; Maria Jasmine Putri Subiyanto
Law Review Volume XXII, No. 1 - July 2022
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v0i1.5254

Abstract

This article is to demonstrate that the principle of good faith (iktikad baik) manifests in the principles of trust and confidentiality. Not only is good faith one of the key causes of the emergence of a dispute, it also indeed has a great influence on the success of resolving that dispute. Despite its importance, we have found that many disputing parties do not apply this principle to resolve their disputes. Even though, this principle plays a huge part on maintaining trust and confidentiality at the same time. The purpose of this paper is to increase awareness on the application of the good faith principle, noting that there are still realities where this principle is not applied. In this paper, we first elaborate on the descriptive comprehension of all these three principles. Afterwards, we observe how good faith connects with the other two principles. Through the manifestations of good faith, we have concluded that the a quo principle acts as a key basis for the application of the other two principles. In trust, applying good faith means making the arbitration trustworthy, whereas in confidentiality, maintaining good faith keeps the information confidential to irrelevant parties. In the conclusion, we have pointed a few concrete resolutions on maintaining the principle of good faith, trust, and confidentiality. This is found by observing the two factors that cause the realities when the principle of good faith is not applied, which consists of the normative and human factor.
The Interconnection Between Arbitration and Commercial Courts: Scenarios, Issues, and A Proposal Anangga W. Roosdiono; Muhamad Dzadit Taqwa; Mayta Ciara Salsabila
Journal of Private and Commercial Law Vol. 9 No. 1 (2025): May, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i1.7833

Abstract

There is a possibility that parties who have put an arbitration clause in their agreement may still bring bankruptcy or suspension of debt payment obligations before the Commercial Court (“Pengadilan Niaga”). In another scenario (Scenario 2), this situation can also—and often does—occur due to a third party, not bound by the arbitration clause, filing a bankruptcy petition against one of the parties. This article examines two key aspects when both forums are utilized: (1) the interrelation between these two forums in the context of the consequences of their respective decisions on each other; and (2) the conflicting principles, such as confidentiality and trust in arbitration versus public openness and distrust in Pengadilan Niaga. When one party ultimately submits a bankruptcy case to Pengadilan Niaga, the confidentiality of the dispute is compromised, and mutual trust is eroded. However, this reality is not strong enough to justify eliminating the potential overlap between arbitration and Pengadilan Niaga, given that scenarios where a third party files a bankruptcy petition can also occur. In such a scenario, the issue extends beyond the mere clash of principles. A proper framework to regulate the intersection between arbitration and Pengadilan Niaga needs to be formulated, taking into account the two scenarios that may arise.
Co-Authors Anangga W. Roosdiono Anangga W. Roosdiono M. Irfan Dwi Putra Maria Jasmine Putri Subiyanto Mayta Ciara Salsabila Muhamad Ali Muharam