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Peningkatan Kemahiran Advokat dalam Registrasi Putusan Arbitrase Asing di Indonesia Sidik, Jafar; Priyanto, Imam Jahrudin; Rozali, Asep; Orlov, Oleg
Jurnal Pengabdian Tri Bhakti Vol 5 No 1 (2023): Jurnal Pengabdian Tri Bhakti
Publisher : Lembaga Pengabdian kepada Masyarakat Universitas Langlangbuana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36555/jptb.v5i1.2258

Abstract

Indonesia is a country that has ratified the 1981 New York Convention through Presidential Decree Number 34 of 1981, so that foreign or international arbitral awards can be implemented in Indonesia after being registered by the arbitrator or his proxy at the Central Jakarta District Court. Advocates can be appointed as attorney for arbitrators to register international arbitral awards. However, currently there are still few Indonesian advocates who understand the registration and implementation of international arbitral awards in Indonesia. We organize national seminars on arbitration socialization or training, particularly on the registration of foreign arbitral awards. This socialization implementation  was designed using a partner participation approach as socialization and training participants. After attending the outreach seminar, the advocates understood and mastered the process of registering international arbitral awards in Indonesia.
Choice of Arbitrators Regarding Dispute Settlement (Comparing Indonesia and Russia) Sidik, Jafar; Orlov, Oleg; Rozali, Asep; Sulistianingsih, Dewi
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2093

Abstract

Arbitration is a mechanism for resolving civil disputes outside traditional courts, governed by a written arbitration agreement between the disputing parties. Limited to commercial and specific disputes like banking, an arbitration tribunal, consisting of arbitrators, hears and decides these matters. In Indonesia, Law Number 30 of 1999 states that the appointment of two arbitrators grants them authority to select a third. Meanwhile, Russian laws, such as Federal Law No. 382-FZ and Law No. 5338-1, empower the Nomination Committee of Permanent Arbitration to appoint a third arbitrator from an approved list. This article employs a normative juridical method with a comparative law approach to scrutinize the selection and appointment of a third arbitrator according to Indonesian and Russian law. Qualitative analysis reveals that, under certain circumstances, all three arbitrators may be appointed by the Nomination Committee or even the general jurisdiction court, as outlined in the Russian International Commercial Arbitration Court's regulations. The article underscores the importance of providing legal certainty to disputing parties, empowering arbitrators, and avoiding conflicts that could impede dispute resolution. By shedding light on the appointment process, this research aims to contribute to the efficacy of arbitration as a judicious alternative for resolving disputes.