Article Per Year (5 Year)
p-Index From 2020 - 2025
0.751
P-Index
This Author published in this journals
All Journal Jurisprudentie Unes Law Review
Novian, Desri
Unknown Affiliation
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
Penerapan Asas Otonomi Para Pihak dalam Arbitrase Novian, Desri
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.48364

Abstract

The application of both substantive and procedural law should be imperative, however, in arbitration, there is a concept that substantive and procedural laws that are imperative in the place (country) where the arbitration is held or where the arbitration award is enforced can be waived by the agreement of the parties which is known as the principle of party autonomy. The principle of party autonomy is interpreted as the freedom of the parties to determine the substantive and procedural law to be used in the arbitration process that arises between them based on the arbitration agreement. However, the act to waive the imperative law can cause problems in the future when the award will be enforced. Hence, this research aims to analyze the party autonomy principle based on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention), UNCITRAL Model Law on International Commercial Arbitration (With amendement as adopted in 2006), Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, Civil Code (KUH.Perdata), Rules of Civil Procedure, Staatsblad (Rv), Het Herziene Indonesisch Reglement (HIR), Rechtsreglement Buitengewesten (Rbg), as well as the Principle on Choice of Law in International Commercial Contracts, by using normative research method and comparative law approach. The research finds a concept that the principle of party autonomy is limited by restrictions established based on laws of the country where the arbitration is held or where the arbitration award is enforced (limited party autonomy).
Legal Implications of Corruption Crime Legal Process on the Arbitration Dispute Resolution Proceedings Novian, Desri; Manthovani, Kelly
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 2 (2024): Volume 11 Nomor 2 Desember 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i2.51814

Abstract

The research aims to analyze allegations of criminal acts of corruption that may affect the validity of arbitration agreements, as well as the implications of investigating or prosecuting these criminal acts simultaneously with arbitration proceedings. The research method relies on arbitration legal instruments and relevant literature, including the New York Convention 1958, the UNCITRAL Model Law, and Law No. 30 of 1999. The research identifies differences in regulations concerning the conduct that arbitrators or arbitral tribunals may adopt when examining arbitration disputes where the subject matter is also under investigation for criminal acts of corruption. The uniqueness or novelty of the research lies in its comprehensive analysis of the legal gaps and uncertainties that arise when these two legal processes run in parallel. The findings show that in some jurisdictions, arbitration disputes related to criminal acts of corruption are refused or rejected, while others continue the arbitration process by considering the principles of party autonomy and separateness in arbitration law. The research recommends several approaches that arbitrators or arbitral tribunals may take and emphasizes the need for regulations from relevant authorities to ensure legal certainty in the parallel examination of arbitration disputes and criminal acts of corruption involving the same subject matter.
The Application of Party Autonomy Principle in Arbitration Novian, Desri
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.53835

Abstract

The application of both substantive and procedural law should be imperative, however, in arbitration, there is a concept that substantive and procedural laws that are imperative in the place (country) where the arbitration is held or where the arbitration award is enforced can be waived by the agreement of the parties which is known as the principle of party autonomy. The principle of party autonomy is interpreted as the freedom of the parties to determine the substantive and procedural law to be used in the arbitration process that arises between them based on the arbitration agreement. However, the act to waive the imperative law can cause problems in the future when the award will be enforced. Hence, this research aims to analyze the party autonomy principle based on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention), UNCITRAL Model Law on International Commercial Arbitration (With amendement as adopted in 2006), Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, Civil Code (KUH.Perdata), Rules of Civil Procedure, Staatsblad (Rv), Het Herziene Indonesisch Reglement (HIR), Rechtsreglement Buitengewesten (Rbg), as well as the Principle on Choice of Law in International Commercial Contracts, by using normative legal research method. The research finds a concept that the principle of party autonomy is limited by restrictions established based on laws of the country where the arbitration is held or where the arbitration award is enforced (limited party autonomy).
Problematika Hukum Masuknya Pihak Ketiga dalam Proses Pemeriksaan Sengketa Arbitrase di Indonesia Novian, Desri
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.868

Abstract

Arbitration disputes occasionally also have legal consequences for Parties outside the arbitration agreement who have legal relations in the implementation of the arbitration agreement and the object of the arbitration dispute, which is commonly referred to as a Third Party. Third Parties can be in the form of Parties that support or defend the interests of one of the Parties (joinder) or have their interests in the object dispute being examined and decided (intervention). However, the entry of a Third Party into an arbitration dispute lawsuit, the provisions of the limiting conditions must be agreed upon by the Parties and must be approved by the Arbitrator or Arbitral Tribunal. Based on this, the study analyzed the conditions for the entry of third parties into the arbitral dispute lawsuit process regarding the 1958 New York Convention, UNCITRAL Model Law on International Commercial Arbitration, Law No. 30 of 1999, the provisions of arbitration law in several countries and refer to the provisions of the Civil Procedure Code in Indonesia. This research was conducted using a qualitative method and is normative juridical by reviewing and comparing one regulation with another. The results of the research show that there is another form of third party that called intervention for legal obligation and show that Article 30 of Law no. 30 of 1999 is too rigid in applying the principle of personality and party autonomy so that the obligation to obtain agreement from the parties results in third parties having minimal opportunities to be able to enter as parties in the arbitration dispute examination.
Co-Authors Manthovani, Kelly