Jurnal Hukum dan Pembangunan


KEPASTIAN HUKUM PENYELESAIAN SENGKETA DENGAN KLAUSULA ARBITRASE DI MAHKAMAH AGUNG

Fitri, Devianty (Unknown)
Almaududi, Almaududi (Unknown)



Article Info

Publish Date
31 Mar 2023

Abstract

Settling disputes in court can be a time-consuming and exhausting process. Therefore, the availability of arbitration as an Alternative Dispute Resolution (ADR) is one of the efforts to achieve faster solutions and dispute resolutions. However, in some cases in the Supreme Court, there are disputes that contain arbitration clauses in the agreement, yet they are still submitted to court and decided by the court. This research aims to examine the disappearing in-depth study of legal certainty in dispute resolution with arbitration clauses by analyzing several verdicts. The method used in this study is normative juridical with a legislative and case approach. The research results show that in reality, even if an agreement is made with an arbitration clause, the parties still file a lawsuit in the general court on the pretext of unlawful acts and/or the involvement of third parties outside the agreement

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Journal Info

Abbrev

publication:jhp

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum & Pembangunan (JHP) is one of the oldest published law journals in Indonesia. Published in 1971 by the Faculty of Law, Universitas Indonesia originally titled "Hukum & Pembangunan". JHP adopts a double-blind peer review policy, and focused on various subdisciplines of the legal science, ...