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All Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Indonesia Sosial Teknologi
Andriani, Agustini
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Akibat Hukum Pembatalan Putusan Arbitrase dalam Kaitannya dengan Prinsip Final and Binding Andriani, Agustini
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 4 No 1 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i1.1528

Abstract

Arbitration is an alternative effort to resolve disputes outside the court whose decisions are final and have permanent legal force that binds the parties (final and binding). However, the Arbitration and Dispute Resolution Law, namely Law Number 30 of 1999, also regulates efforts to annul the arbitration award which has legal consequences for the disputing parties. This paper is a descriptive normative legal research. The types of data used are secondary data in the form of primary legal materials and secondary legal materials. This paper discusses the legal consequences of annulment of arbitral awards which are related to the principle of Final and Binding of Arbitral Awards. This paper is descriptive in that it describes the general description of the annulment of the Arbitration Award, then describes the Final and Binding Principles in the Arbitration Award. As well as matters relating to the annulment of the arbitral award and its legal consequences. In this paper, the author concludes that the legal consequences of the annulment of the arbitration award by the District Court are that the arbitral award is considered to have never existed. In addition, with the cancellation of the arbitral award in Law Number 30 of 1999, it gives a vague meaning to the principle of final and binding which in reality the losing parties or feel that their interests are not accommodated in the arbitral award makes the decision not final and binding due to an attempt to cancel the arbitral award
Akibat Hukum Pembatalan Putusan Arbitrase dalam Kaitannya dengan Prinsip Final and Binding Andriani, Agustini
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 4 No. 1 (2022)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v4i1.1528

Abstract

Arbitration is an alternative effort to resolve disputes outside the court whose decisions are final and have permanent legal force that binds the parties (final and binding). However, the Arbitration and Dispute Resolution Law, namely Law Number 30 of 1999, also regulates efforts to annul the arbitration award which has legal consequences for the disputing parties. This paper is a descriptive normative legal research. The types of data used are secondary data in the form of primary legal materials and secondary legal materials. This paper discusses the legal consequences of annulment of arbitral awards which are related to the principle of Final and Binding of Arbitral Awards. This paper is descriptive in that it describes the general description of the annulment of the Arbitration Award, then describes the Final and Binding Principles in the Arbitration Award. As well as matters relating to the annulment of the arbitral award and its legal consequences. In this paper, the author concludes that the legal consequences of the annulment of the arbitration award by the District Court are that the arbitral award is considered to have never existed. In addition, with the cancellation of the arbitral award in Law Number 30 of 1999, it gives a vague meaning to the principle of final and binding which in reality the losing parties or feel that their interests are not accommodated in the arbitral award makes the decision not final and binding due to an attempt to cancel the arbitral award
Criminal Acts Against the Judicial Process (Contempt of Court) According to the New Criminal Code about the Right to Immunity of Advocates in Court Andriani, Agustini
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 6 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i6.1113

Abstract

The birth of the new Criminal Code brought nuances of renewal in the world of justice in Indonesia. However, it also caused upheaval and differences of opinion regarding regulating several aspects of criminal law, including regulating Criminal Acts Against the Judicial Process (Contempt of Court). The regulation of Contempt of Court actions in the new Criminal Code raises pros and cons in society, including advocates who often intersect with the judicial world. The existence of several articles regulating multi-interpretive contempt of court actions is considered to threaten the existence of the Advocate's Right to Immunity in Court. This study aims to analyze the regulation of the Contempt of Court criminal acts regarding the right to immunity of advocates in Court. The research method used is normative legal research using an analytical descriptive approach. This study found that the articles of Contempt of Court in the new Criminal Code, which are multi-interpretive, can limit the space for advocates to express opinions and defend themselves before the court. If these articles are not interpreted properly and correctly, they can become a medium for criminalization by specific individuals against advocates in court.
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