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All Journal Masalah-Masalah Hukum LAW REFORM Jurnal IUS (Kajian Hukum dan Keadilan) PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Journal of SouthEast Asian Human Rights Jurnal Bina Mulia Hukum Undang: Jurnal Hukum Pancasila and Law Review Indonesia Law Review (ILREV) Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Journal of Private and Commercial Law BANI Arbitration and Law Journal
Taqwa, Muhamad Dzadit
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Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Indonesia Law Review (ILREV)

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THE NON-APPLICATIONS OF GOOD FAITH, TRUST, AND CONFIDENTIALITY IN ARBITRATION: A STUDY OF THE ANNULMENT CASES IN INDONESIA Roosdiono, Anangga W.; Taqwa, Muhamad Dzadit; Salsabila, Mayta Ciara
Indonesia Law Review Vol. 12, No. 2
Publisher : UI Scholars Hub

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Abstract

Arbitration is a dispute resolution method that is chosen by the parties for, mainly, avoiding weaknesses of resolving disputes through the general court. It has three principles, that strongly connect to one another, to hold: good faith, trust, and confidentiality. These principles determine whether a dispute resolution through arbitration will be successful. However, in many - if not all - cases, many disputing parties still do not maintain these principles. This reality can be observed in annulment cases. Although the annulment mechanism renders a protection to the parties from the errors made by intention, this mechanism opens an opportunity for these people just to pause the execution of the arbitral awards, makes their cases become open for the public, and even puts the final-and-binding status of the awards in question. On the other hand, there are still a few cases showing that such errors, made by the tribunals or the winning parties, occurred. From these cases, this paper is to question whether the existence of annulment is the key factor of the non-applications of these three principles or the tool to prevent the non-applications. First, a descriptive comprehension of these principles is elaborated. Afterwards, the annulment mechanism, provided by Article 70 of Law 30 of 1999 on Arbitration and Alternative Dispute Resolutions, is comprehended to see its nature and practical implications. At the end, some annulment cases are dissected to answer the research question.
Participation of Trans-Women in Females' Sports Competitions: Fairness vs. Rights to Participating in Sports? Taqwa, Muhamad Dzadit; Carofin, Valentino Rafael; Gloria, Stefanie; Tjiang, Alvin
Indonesia Law Review Vol. 14, No. 3
Publisher : UI Scholars Hub

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A trans-woman is someone who is biologically male at birth and then undergoes gender-affirming surgery, which can include genital feminization surgery, or may not undergo gender-affirming surgery but undergoes other therapies such as cross-sex hormone therapy or other physical organ surgeries apart from genital surgery, in order to be identified as a woman. The participation of trans-women in females' sports has sparked a debate, addressing issues of fairness on one side and transgender rights to participate in sports on the other. The fairness argument is based on the physical advantages that males have when competing against females. Generally, male athletes will outperform female athletes in most sports. On the other hand, the prohibition of trans-women from participating in females' sports is considered discriminatory and not respecting transgender individuals' right to participate in sports. This issue continues to be discussed because many female athletes complain about the presence of trans-women athletes in their competitions, as even rigorous training may not enable them to become champions. On the other hand, what solutions can be offered by the state to trans-women who want to become athletes? Through exploration in this article, the answer to this problem cannot be a gray area or middle ground but rather a choice between protecting women's rights in sports to excel or allowing trans-women the right to compete in the women's category; only one can be chosen. Alternatively, another option is to allow trans-women to compete in sports but in the new category, namely transgender category.
Co-Authors Al Bone, Nayla Amalia Alfarizy, Ahmad Boasrifa, Kimberly Natali Carofin, Valentino Rafael Gloria, Stefanie Laksmi Prabhaswari, Amaraduhita Lasmaida Sirait, Melinda Yunita Manurung, Stephen Joy Herald Putra, Edmond Wangtri Putra, M. Irfan Dwi Putri Subiyanto, Maria Jasmine Roosdiono, Anangga W. Rossdiono, Anangga W. Rusdiana, Rofy Candra Salsabila, Mayta Ciara Sirait, Melinda Yunita L. Sirait, Melinda Yunita Lasmaida Tjiang, Alvin Yuubina, Venitta