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P. Soemartono, Gatot
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Enforceability of Arbitration Awards and Jurisdictional Uncertainty: A Study of Kompetenz-Kompetenz and Party Autonomy in PCA Case No. 2015-40 Marilyn, Sharon; P. Soemartono, Gatot
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.432

Abstract

Ideally, arbitration is an alternative dispute resolution that frequently applies in subjects of international commerce. In fact, it is the determination of an issue without resorting to the court. The very first issue of concern that needs to be established in adjudicating any matter of arbitration is jurisdiction. Without doing so, no question of a substantive issue of a case can be addressed. In this case, several issues regarding jurisdiction came into question in the PCA case No. 2015-40 involving IMFA and The Republic of Indonesia. Thus, while the jurisdictional objections filed by the respondent were unanswered, the tribunal advanced and addressed the merits of the case. It was after filing its reply; therefore, this paper shall research the effect of such jurisdictional ambiguities on the enforceability of an award.The method in this paper is qualitative, based on existing literature, the principles of party autonomy, and kompetenz-kompetenz. The contention is that although technically possible to retain jurisdiction, it is not advisable to overlook such jurisdictional objections simply because the outcome is ambiguous and one sets a bad precedent.
Transparency in the Tender Process of Regional Drinking Water Companies Amidst Unfair Competition P. Soemartono, Gatot; Sriwijaya, Lenny
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.546

Abstract

The tender procurement system in Indonesia is frequently tarnished by unfair business competition practices such as tender monopolies. These actions hurt society and the government while also impeding the efficacy and efficiency of purchasing products and services. This study takes a qualitative approach, analyzing KPPU decisions and doing literature reviews. The research findings indicate various factors contributing to the complexity of unfair business competition within tender monopolies, including a lack of accountability and transparency, lax regulation and law enforcement, entrepreneurial collusion, and external political and economic influences. Additionally, this research proposes solutions for these problems, such as boosting accountability and transparency, fortifying legal frameworks and law enforcement, and encouraging public and business education about fair competition, and establishing an effective monitoring and evaluation system to prevent unfair practices
Co-Authors Marilyn, Sharon Sriwijaya, Lenny