Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

The Authority of the Court Against the Decision of the Indonesian National Arbitration Board (BANI) in the Settlement of Business Disputes in the Perspective of Legal Certainty

Download39 downloads
  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303625,
        author={Herwastoeti  Herwastoeti},
        title={The Authority of the Court Against the Decision of the Indonesian National Arbitration Board (BANI) in the Settlement of Business Disputes in the Perspective of Legal Certainty},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={business dispute arbitration},
        doi={10.4108/eai.1-7-2020.2303625}
    }
    
  • Herwastoeti Herwastoeti
    Year: 2021
    The Authority of the Court Against the Decision of the Indonesian National Arbitration Board (BANI) in the Settlement of Business Disputes in the Perspective of Legal Certainty
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303625
Herwastoeti Herwastoeti1,*
  • 1: Faculty of Law, University of Muhammadiyah Malang, Indonesia
*Contact email: herwastoeti@gmail.com

Abstract

Article 70 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (AAPS Law), opens the possibility for parties to submit requests to cancel an arbitration award. But the explanation of article 70 of the AAPS Law explains that the request for cancellation must be proven by a court ruling, this makes the existence of legal uncertainty so that it creates as if there is a new norm. This study wants to find out the legal position of the decision of the Indonesian National Arbitration Board (BANI) in resolving business disputes and examine the court's authority over the BANI's decision related to canceling the decision in the perspective of legal certainty. The method used in this study is normative (doctrinal) legal research sourced from secondary data. The results showed the Constitutional Court Decision No. No. 15 / PUU-XII / 2014 concerning the explanation of Article 70 of the AAPS Law has juridical implications for the cancellation of the arbitration award stipulated in Article 70 of the AAPS Law. Then the judge in examining an application for an annulment of arbitration does not require another court decision so that he can directly examine and assess the evidence presented in the court in the request to cancel the decision of BANI, thus providing more legal certainty.