Journal of Law, Poliitic and Humanities
Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities

Analysis Of The Judge's Ruling Regarding The Indonesian National Arbitration Board (BANI) (Decision Study Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr)

Dyah A, Tata Eliestiana (Unknown)
Jamaludin, Jamaludin (Unknown)



Article Info

Publish Date
27 Oct 2025

Abstract

This research was conducted with the aim of finding out: 1) The basis for the judge's considerations in granting the applicant's request in decision number: 305/Pdt.G/BANI/2014/PN Jkt.Utr), 2) Analysis of the case resolution in decision number: 305/Pdt.G/BANI/2014/PN Jkt.Utr). The type of research used in this research is normative legal research using statutory, conceptual and case approaches. The results of this research show that: 1) The judge's basis for granting the Petitioner's petition in Decision Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr was that the judge assumed that BANI Decision Number 513/IV/ARB-BANI/2013 was taken as a result of deception on the part of the Arbitration Petitioner. Then the Arbitration Panel made a real mistake in deciding the case regarding the use of the legal basis for decision making. Apart from that, the judge considers that BANI Decision Number 513/IV/ARB-BANI/2013 has violated the principle of freedom of contract and agreement law as regulated in Article 1338 of the Civil Code and Respondent II as the Decision Panel has given a decision that exceeds the demands in the Application for Arbitration. 2) Analysis of the case resolution regarding Decision Number: 305/Pdt.G/BANI/2014/PN Jkt.Utr), the Petitioner believes that Arbitration Decision No. 513/IV/ARB-BANI/2013 was taken from a ruse. However, the Petitioner did not explain in detail what form of deception was carried out by the Arbitration Panel, so this is a tendentious and far-fetched accusation. There was not a single trick carried out against the litigants. And if it is a trick, then it must be based on a court decision that has permanent legal force. This is based on the Decision of the Supreme Court of the Republic of Indonesia dated March 30 2009 No. 729K/PDT.SUS/2009.

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Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...