Tinjauan yuridis terhadap upaya pembatalan putusan arbitrase nasional (pendekatan kasus: Putusan No. 05/Pdt.G/BANI/2014/PN Jkr.Utr) = Yuridic analysis of the cancelation arbitration national award based on act number 30 of 1999

Loasari, Marcella Evelin (2016) Tinjauan yuridis terhadap upaya pembatalan putusan arbitrase nasional (pendekatan kasus: Putusan No. 05/Pdt.G/BANI/2014/PN Jkr.Utr) = Yuridic analysis of the cancelation arbitration national award based on act number 30 of 1999. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Arbitration is one of the Trade Alternative Dispute Resolution outside the court. It is only can be implemented based on an agreement made by the parties in writting. One of the nature found in arbitration is final and binding. The meaning of final and binding is that the arbitration award which refers to the final decision and should be executed immediately by the parties whose involved. However, article 70-71 Act Number 30 of 1999 concerning arbitration and Alternative Dispute Resolution, stipulated provisions about the cancellation of the arbitration award. The reason for cancelation is mean for those party who feel aggrieved by the result of the arbitration forum. Those party are given a space by performing the cancellation request of the arbitration award through the District Court. In order to do an annulment of the arbitration award, based on the written article, the award should contains elements if the article 70 such as letter/false documents, or documents found hidden by the other part, or a decision taht is taken from the result of deceit trick performed by one of the parties in the disputes. Furthermore, It should be done by the procedure that is written on the article 72. Although the regukation had been setteled in constitution, but in practice, there are still problems in implementing he annulment of the arbitration award through court decision number 305/Pdt.G/BANI/2014/PN.Jkt.Utr. The cancellation of teh arbitration award was based on a supposition of an affiliation relationship between one of the arbiter and professional witness taht categorize as a deceit trick which stated in article 70 evidence and not only from an affiliation relationship.

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