JOURNAL of LEGAL RESEARCH
Vol 1, No 2 (2019)

Kekuatan Eksekutorial Dalam Pelaksanaan Eksekusi Putusan Badan Arbitrase Nasional Indonesia; Studi Kasus Putusan Badan Arbitrase Nasional Indonesia Jakarta No.801/II/ARB-BANI/2016

Dara Fitryalita (Universitas Islam Negeri Syarif Hidayatullah Jakarta)
Asep Syarifuddin Hidayat (Universitas Islam Negeri Syarif Hidayatullah Jakarta)
Mufidah Mufidah (Universitas Islam Negeri Syarif Hidayatullah Jakarta)



Article Info

Publish Date
02 Mar 2019

Abstract

Abstract:The presence of the Indonesian National Arbitration Board (BANI) provides new hope in effective and efficient dispute resolution efforts. Nevertheless, BANI has obstacles when carrying out the execution of the decision. This study uses normative juridical methods and literature studies. The results showed that the BANI decision No. 801 / II / ARB-BANI / 2016 had the power of execution because the BANI had registered an authentic copy of the arbitration award at the Registrar of the South Jakarta District Court, so that the decision could be carried out with court assistance or voluntarily by the respondent. However, the implementation encountered an obstacle namely the removal of the object of achievement because of public policy. Other potential obstacles include the applicant's execution and execution refusing because it is not in accordance with the ruling, other than because the ruling decision is considered unclear, the execution of movable property, the existence of resistance, and payment assets are difficult to find.Keywords: Executorial Strength, Arbitration, Decision of the Indonesian National Arbitration Board

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Journal Info

Abbrev

jlr

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution ...