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All Journal Jurnal Legisia Rechtsnormen Journal of Law
Ihya, Rahmat
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Arbitration in Agreement Dispute (Perspective of Law Number 30 Year 1999) Ihya, Rahmat; Salam, Abdul Qudus; Bangsu, Muh; Hakim, Rohman; Hermawan, Hermawan
Rechtsnormen: Journal of Law Vol. 1 No. 3 (2023)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i3.458

Abstract

Background.  In business relations between the parties in the development does not rule out the possibility of problems that require solutions. Purpose. This research aims to find out the process of resolving civil disputes through the Aribitrase court based on Law Number 30 of 1999 Method. The method in this research uses a normative juridical approach, which means that a study is carried out based on laws and judicial decisions that have permanent legal force. In the collection of legal materials using two ways, namely literature research by reviewing the literature and opinions of legal experts related to research problems. Results. The results of the research can be concluded that the arbitration agreement cannot stand and cannot bind the parties if the arbitration agreement does not coincide with the main agreement, which will be handled by the arbitration agreement is regarding disputes arising from the main agreement, so a civil dispute can be submitted for resolution through the arbitration court if it meets the subjective and objective requirements in the Basic Agreement (JOC). the parties agree that if there is a civil dispute it will be resolved through arbitration. Conclusion. The Arbitration institution has a binding nature on the parties and is final in the sense that the parties cannot appeal to the general court after the Arbitration decision.
Analisis Penetapan Perkara NO. 916/PDT.P/2022/PN.SBY Pengadilan Negeri Surabaya Perihal Pernikahan Pasangan Beda Agama Nurullah, Aris; Atmari, Atmari; Quddus , Abdul; Ihya, Rahmat
JURNAL LEGISIA Vol 17 No 01 (2025): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/legisia.v17i01.591

Abstract

Some marriages in Indonesia cause legal polemics and social polemics that should be in accordance with national law, especially in article 2 (1) in marriage law No. 1 of 1974 concerning marriage. Case No. 916/PDT. P/2022/PN. SBY is important related to understanding how court guidelines decide on marriages of different religions. This research aims to understand the legal basis and judges' considerations as well as the impact or social implications on the determination issued by the court in the case, as well as provide recommendations in overcoming the legal vacuum related to interfaith marriage, this research is a juridical normative research with a qualitative method, by using primary data, documents of the Surabaya State Religious Court, as well as secondary data obtained from several documents, both literature and Scientific journals, from the data will be analyzed in a descriptive analysis, related to understanding the relationship between positive legal aspects and social values that live and develop in society. The results of the research show that the determination of No. 916/PDT. P/2022/PN. SBY is based on the implementation of legal principles, and human rights by taking into account the applicable legal provisions and the social situation of the parties. This determination reflects the need for a revision of the marriage law to be more inclusive of the reality of religious diversity/pluralism in Indonesia
Co-Authors Atmari Atmari Bangsu, Muh Hermawan Hermawan Nurullah, Aris Quddus , Abdul Rohman Hakim, Rohman Salam, Abdul Qudus