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All Journal Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam ISNU Nine-Star Multidisciplinary Journal (INS9MJ)
Anjlan Berutu
Universitas Islam Negeri Sumatera Utara
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Arbitration Ruling: Finality, Binding Force, And Legal Implications In Indonesia Anjlan Berutu; Muhammad Said Harahap; Nazila Aulia; Putri Syifa Fazyra Nasution; Zulkarnain Iskandar
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 2 (2024): SEPTEMBER 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.113

Abstract

In an era of globalization and increasing market complexity, dispute resolution has become a crucial aspect of the business world, with arbitration emerging as an increasingly favored alternative. This method offers flexible and efficient solutions, avoiding lengthy and costly litigation processes. Arbitration has advantages, particularly regarding finality, where its decisions are binding and generally not subject to appeal, providing highly valuable legal certainty for business actors. In Indonesia, economic growth and foreign investment necessitate an effective dispute resolution mechanism, in which the Indonesian National Arbitration Board (BANI) plays an active role in providing an arbitration platform. This study aims to analyze the principles of finality and the binding force of arbitration awards within the context of Indonesian law, as well as the legal implications related to the enforcement and potential annulment of awards. Using a normative juridical approach, this research evaluates the effectiveness of Law No. 30 of 1999 and the 1958 New York Convention. The results indicate challenges in the application of the principles of finality and the independence of arbitrators, while also providing recommendations to strengthen the arbitration system in Indonesia to enhance legal certainty and the effectiveness of dispute resolution.
Pertanggung Jawaban Pidana Pemilik Hewan Yang Menimbulkan Gangguan Ketertiban Umum Analisis Komparatif Antara KUHP dan Hukum Pidana Islam Anjlan Berutu; Iwan
Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Vol. 18 No. 1 (2026): September
Publisher : IAI Darussalam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30739/darussalam.v18i1.5504

Abstract

This study analyzes the legal liability of pet owners who endanger the public, from both Indonesian national criminal law and Islamic criminal law perspectives. Using a juridical-normative approach, this study examines various regulations governing animal protection in Indonesia, such as the Criminal Code (KUHP), Law Number 18 of 2009 as amended by Law Number 41 of 2014, and Government Regulation Number 95 of 2012. Furthermore, Islamic criminal law also addresses the responsibility of pet owners through the concept of diyat (compensation) to compensate for losses due to negligence. The results of the study indicate that under national law, owners can be subject to criminal penalties if their negligence causes harm, in accordance with the articles of the Criminal Code. However, under Islamic law, even if negligence is not sinful, owners are still obligated to compensate for the loss. In conclusion, both national and Islamic law emphasize the owner's responsibility for pets that endanger others.
Co-Authors Iwan Muhammad Said Harahap Nazila Aulia Putri Syifa Fazyra Nasution Zulkarnain Iskandar