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All Journal Equalegum International Law Journal
Situmorang, Nixon
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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THE ENFORCEMENT OF ARBITRAL AWARDS Suyanto, Suyanto; Situmorang, Nixon; Cavenagh, Thomas
EQUALEGUM International Law Journal Volume 2, Issue 3, 2024
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v2i3.84

Abstract

Background. According to Law No. 30/1999, Article 60, arbitral awards are binding on the parties, final, and have permanent legal effect. Except in cases of third-party opposition, arbitration rulings do not give rise to legal recourse. Indonesia has been using alternative dispute resolution (ADR) since ancient times. ADR is seen as an alternative to litigation or adjudication. Early neutral evaluation, conciliation, mediation, negotiation, and various hybrid forms are some of the ADR practices Indonesia has been using. Civil procedural law governs the execution of arbitration rulings; these rules are found in the Het Herziene Indonesisch Regelemen or Renewed Indonesian Reglemen. This research aimed to determine the enforcement of arbitral awards. Research Method. This research approach uses a juridical-sociological methodology, which entails researching actual social situations with the goal of fact-finding, which subsequently leads to problem identification, and finally, problem solution. Findings. Similar to the execution of decisions made by civil courts, not all arbitration awards can be carried out due to the challenges involved in doing so. In addition, there must be significant efforts made by seeking for execution seizure of the respondent's property in order to ensure that the obligation to pay a specific sum of money may actually be achieved, ensuring that execution does not become illusory or win on paper alone. Conclusion. Arbitration awards cannot be executed due to challenges and property seizure. Significant efforts are needed to ensure the obligation to pay a specific sum is met, preventing illusory or paper wins.
SETTLEMENT OF CONSUMER COMPENSATION CLAIMS AGAINST BUSINESS ACTORS FROM EXPIRED FOOD Situmorang, Nixon; Cavenagh, Thomas
EQUALEGUM International Law Journal Volume 3, Issue 1, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i1.118

Abstract

Background. Due to serious concerns about illegal business practices in Indonesia's food manufacturing sector, the government passed Law Number 8 of 1999 on Consumer Protection (UUPK). This law seeks to protect consumer rights and promote moral business practices, especially when it comes to food product marketing. Despite these regulations, violations still occur, often resulting in consumer harm. One such instance is illustrated by Criminal Case Number 747/Pid.B/2020/PN.Bgl, where the defendant was found guilty of selling expired food, highlighting the ongoing risks faced by consumers. This study investigates the legal mechanisms for resolving disputes between consumers and business actors, with a focus on the legal responsibilities of businesses that violate consumer protection laws. Research Method. This study used a normative legal research method. The analysis is based on statutory regulations and case law, particularly Article 1365 of the Indonesian Civil Code regarding unlawful acts. Findings. Selling expired food constitutes an unlawful act under Indonesian law and causes material and moral losses to consumers. Business actors are not only subject to criminal penalties but are also obligated to provide compensation for damages. Conclusion. Stronger enforcement of consumer protection laws and increased awareness among business actors are essential to prevent future violations. Legal remedies must be applied consistently to uphold justice and consumer rights.
Co-Authors Cavenagh, Thomas Suyanto