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All Journal Jurnal Advokasi TANJUNGPURA LAW JOURNAL
Geraldi, Aldo Rico
Fakultas Hukum Universitas Mahasaraswati Denpasar
Law, Crime, Criminology & Criminal Justice

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KOMPETENSI ARBITRASE INTERNASIONAL DAN PENGADILAN NASIONAL TERKAIT PENYELESAIAN SENGKETA PENANAMAN MODAL ASING Geraldi, Aldo Rico
Jurnal Advokasi Vol 7 No 2 (2017): Jurnal Advokasi
Publisher : Fakultas Hukum Universitas Mahasaraswati Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (40.588 KB)

Abstract

This research aims to analyze the competence of international arbitration and national courts that was related to the dispute of foreign investment disputes. This research is a normative law research conducted by collecting legal material. The results of this study indicate that the settlement of investment disputes by way of litigation or trial has final legal force, while arbitration guarantees and protects the credibility of a business which is run and produces a win-win solution. Furthermore, regarding the Singapore International Arbitration Center (SIAC) is an independent non-profit organization that prioritizes justice and transparency. SIAC may arrange arbitration under other rules agreed by the parties, has an accredited arbitrator panel comprising of regional panels and international panels and has arbitrators for ad hoc arbitration.
PENYELESAIAN SENGKETA INVESTASI MELALUI INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTE (Studi Kasus Pemerintah Indonesia vs Churchill Mining) Geraldi, Aldo Rico
TANJUNGPURA LAW JOURNAL Vol 2, No 2 (2018): VOLUME 2 ISSUE 2, JULY 2018
Publisher : Faculty of Law, Tanjungpura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (735.752 KB) | DOI: 10.26418/tlj.v2i2.24245

Abstract

This research aims to determine International Centre For Settlement of Investment Dispute (ICSID), benefits and losses for Indonesia related with Choice of Option on Indonesian investment dispute settlement with Churchill Mining Plc in ICSID. This research uses normative legal research by gathering secondary data. Data collected is using the methods of literary study by collecting legal material and information in the form of legal materials of primary sources, secondary sources, and tertiary sources. In order to get a clear explanation, the data will arrange systematically and analyzed with descriptive methods. These results indicate that the disputes settlement between Indonesian Government against Churchill Mining through ICSID has several benefits, such as the confidentiality of the proceedings, the freedom to choose the arbitrator, the decision of the ICSID which are final and binding, and if the arbitration decision can be implemented in Indonesia it is necessary to obtain Exequatur of the Supreme Court. Although it has some benefits, however there are also some of the losses suffered by Indonesian Government, such as substantial costs to finance the proceedings at ICSID and if Indonesia was lost, it can cause financial loss with very large impact to country around trillions to pay compensation or indemnity.
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