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Momon Mulyana
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Kepastian Hukum Badan Arbitrase dan Alternatif Penyelesaian Sengketa Konstruksi Indonesia dalam Perjanjian Penanaman Modal Asing di Sektor Konstruksi Bayu Handoko; RR. Lyia Aina Prihadiati; Momon Mulyana
HUMANIORUM Vol 1 No 02 (2023): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v1i02.16

Abstract

The Indonesian government is committed to prioritizing the acceleration of development and infrastructure and construction as one of the drivers of the national economy. This makes Indonesia the largest construction market in ASEAN. In regard with these achievements, currently Indonesia is become the leading country for foreign construction companies to operate and develop their business. The standard legal research is used as a research method. The results of the study show that there are several cooperation agreements that can be entered into between foreign investors and domestic investors. In particular, the Construction Services Law on Cooperation Agreements for Foreign Investment in Construction Sector offers opportunities for foreign companies to engage in construction development projects through the establishment of joint ventures or joint operations with Indonesian companies. The legal certainty of the Indonesian Construction Arbitration and Alternative Dispute Settlement Agency as one of the bodies authorized to resolve disputes arising from cooperation agreements on foreign investment in the construction sector is based on Article 32 of Law Number 25 of 2007 concerning Investment, Article 88 Law Number 2 of 2017 concerning Construction Services, Law Number 30 of 1999 concerning Arbitration dan Alternative Dispute and Article 93 paragraph (1) Government Regulation Number 22 of 2020 concerning Implementation Regulations of Law Number 2 of 2017 concerning Construction Services, which states that the stages of efforts to resolve Construction disputes include Mediation, Conciliation and arbitration.
Menuju Pengadaan Tanah untuk Kepentingan Umum yang Berkeadilan dan Berkelanjutan berdasarkan Nilai Pancasila Momon Mulyana
HUMANIORUM Vol 1 No 01 (2023): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v1i01.52

Abstract

The aim of this research is to examine and analyze the legal force of State Administrative Court (PTUN) decisions which have permanent legal force, as well as what the sanctions are for State Administrative officials who do not implement these State Administrative Court decisions.  The research method used is a normative research method, namely legal research carried out by examining the laws and regulations applied to a particular legal problem. The results of the research are that the decision of the state administrative court is generally binding (erga omnes), so the strength of the decision of the administrative court The state's efforts are the same as the power of statutory regulations. Thus, a state administrative court decision that has permanent legal force has the following powers: 1) binding power; 2) strength of evidence; and 3) executive power. And what are the sanctions for government officials who do not implement state administrative decisions that have permanent legal force (in kracht van gewijsde) according to Article 116 of Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning State Administrative Courts, can be subject to penalty.
Co-Authors Bayu Handoko RR. Lyia Aina Prihadiati