Article Per Year (5 Year)
p-Index From 2020 - 2025
1.683
P-Index
This Author published in this journals
All Journal Jurnal Hukum PRO JUSTITIA Pandecta Arena Hukum TANJUNGPURA LAW JOURNAL Jambura Law Review Padjadjaran Journal of International Law Lampung Journal of International Law (LaJIL) Mimbar Hukum Jurnal Hukum dan Pembangunan Nestor Tanjungpura Journal Of Law
Garuda Wiko
Unknown Affiliation
Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 12 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 12 Documents
Search

 1   2 
Legality Aspect Of Conducting Documents Only Arbitration In Indonesia Wiko, Garuda; Kinanti, Fatma Muthia
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 (389.884 KB) | DOI: 10.33756/jlr.v3i2.9914

Abstract

Documents-Only Arbitration (DOA) is a type of arbitration that is carried out entirely by written documents-only. DOA is beneficial when the burden and substance of the dispute are relatively simple and when there are obstacles to conduct a face-to-face proceeding (instance in the Covid-19 Pandemic or limitation of cost). This study examined the DOA trial method and how it is based on Law No. 30 Year1999 concerning Arbitration and Alternative Dispute Resolution as the lex arbitri in Indonesia. Regulations, Rules, and Procedures from arbitration institutions, both national and international are also studied to better understand the problem. This study aimed to explain the legality of arbitration based on Documents-Only Arbitration in Indonesia. This study concluded that the conduct of DOA is very possible to be implemented in Indonesia and does not conflict with Law No. 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution (Arbitration Law).
INVESTMENT COURT SYSTEM SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA PENANAMAN MODAL ASING Kinanti, Fatma Muthia; Wiko, Garuda
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.6

Abstract

Investment Court System (ICS) proposed by the European Union (EU) has been ratified through Bilateral Investment Treaty (BIT) between the EU and several partner countries such as Canada, Vietnam and Singapore. A study is needed to get an idea on the ICS mechanism. This is a normative research. The result shows that although there is a mechanism that is not in accordance with the concept of arbitration, the ICS decision is enforced as an arbitration award and is subject to the 1958 New York Convention. Indonesia as one of the countries currently still negotiating with the EU in the formation of an FTA is also still reviewing the adoption of ICS into the text agreement. In addition, although the background and objectives of the ICS are positive, there are still some points of weakness in the provisions of the ICS that will result in obstacles in their implementation which can be seen from the legal, political and technical side.
Co-Authors Agus Sugianto Devina Puspita Sari Fatma Muthia Kinanti Fatma Muthia Kinanti, Fatma Muthia Kayo, Hermas Lakin Polii, Rully Robinson Rommy Patra Saptomo, Priyo Sembiring, Rinawati