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All Journal Ajudikasi : Jurnal Ilmu Hukum Proceedings Series on Social Sciences & Humanities
Pitaloka, Wening Galih
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Pelaksanaan Putusan Eksekusi BANI atas Sengketa Kontrak antara Badan Layanan Umum BP3TI dengan PT. Indonesia Comnets Plus dan Konsorsium NIPRESS : (Studi Putusan BANI Nomor: 927/II/ARB-BANI/2017) Pitaloka, Wening Galih; Wardani, Susilo
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7787

Abstract

The Indonesian National Arbitration Board (BANI) is an option in resolving contract disputes between the government and private parties. When the government is in a losing position in a contract dispute according to the BANI decision, the government must comply with the BANI decision. This study aims to understand the implementation of the execution of BANI decisions that conflict with Law Number 1 of 2004 concerning State Treasury and the authority of the Supreme Court to address the issue of BANI decisions that conflict with Law Number 1 of 2004 concerning State Treasury. The focus of this research includes the execution of BANI decisions that are contrary to Law Number 1 of 2004 concerning State Treasury and the Authority of the Supreme Court to the Court that confiscates state assets. The research method used in this research is normative juridical through statutory and conceptual approaches using secondary legal data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data obtained from library research is then analyzed using descriptive qualitative. Based on the research, it is found that the execution of the BANI decision carried out by the court through the confiscation of a sum of money in an account belonging to the BP3TI Public Service Agency should not be carried out because this has contradicted Article 50 of Law Number 1 of 2004 concerning State Treasury. Therefore, the Supreme Court is expected to play a role in providing solutions by providing guidance to the lower courts including the district courts by issuing a Supreme Court Circular Letter (SEMA).
Legal Antinomy in the Implementation of Government Contract Dispute Resolution with Private Parties Pitaloka, Wening Galih
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1019

Abstract

The procurement of goods and services for the benefit of the state is one of the means of driving the wheels of the economy to increase the prosperity of the national economy, because the acquisition of goods and services by the government is intended for public services. Public procurement of goods/services carried out through contracts between the government and the private sector, in addition to being subject to civil jurisdiction, is also subject to public sector rules. This research aims to discuss the implementation of dispute resolution of goods and services procurement contracts between the Government and private parties with regard to the application of public law and private law. This research is written using the normative juridical method through a Legislation and case approach using binding primary legal materials and secondary legal materials as references. The result of this research is that legal efforts to resolve disputes between the government and private parties in civil case law, namely by litigation and non-litigation, are generally carried out with public law and civil law because they are carried out for the implementation of government functions. So to overcome the problems that often arise in the field, this is regulated in the Arbitration and Alternative Dispute Resolution Law No. 30 of 1999 which regulates the procedures for resolving disputes between contracting parties. In addition, the provisions for contract termination, especially public goods/services contracts, are also contained in Presidential Regulation No. 16/2018.
Co-Authors Susilo Wardani