Yuridika
Vol. 29 No. 3 (2014): Volume 29 No 3 September 2014

INTERPRETASI MAHKAMAH AGUNG TERHADAP ALASAN PEMBATALAN PUTUSAN ARBITRASE DALAM PASAL 70 UU NO. 30/1999

Ilhami Ginang Pratidina (KJD Law Firm)



Article Info

Publish Date
03 Oct 2014

Abstract

Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (Law No. 30/1999) establish three basic reasons limitedly as cancellation of the arbitration decision. In the case of PT.Comarindo Express Tama Tour against Yemen Airways, the Supreme Court considers the court decision based on the elucidation and cancels the arbitration award on the grounds out of Article 70 of Law No. 30/1999. This paper seeks to elaborate on the interpretation of the Supreme Court against the cancellation reason arbitration award in terms of universal principles in the practice of modern arbitration and the legislation laws to use the statute approach, conceptual approach and case approach and suggests some court decision both Indonesian court and foreign court. The Supreme Court in this case misapplied the law due to the fact that consideration of the elucidation is in contrast to the universal principles in the practice of arbitration.Keywords: arbitration, the reason for the cancellation decision.

Copyrights © 2014






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...