Research Article
The Role of the Indonesian National Arbitration Board (BANI) in the Prevention and Settlement of Business Disputes in Indonesia
@INPROCEEDINGS{10.4108/eai.4-11-2022.2328969, author={Aldiva Aulia Pitaloka and Marjo Marjo and Zil Aidi}, title={The Role of the Indonesian National Arbitration Board (BANI) in the Prevention and Settlement of Business Disputes in Indonesia}, proceedings={Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICOSTELM}, year={2023}, month={9}, keywords={arbitration binding opinion binding opinion bani}, doi={10.4108/eai.4-11-2022.2328969} }- Aldiva Aulia Pitaloka
Marjo Marjo
Zil Aidi
Year: 2023
The Role of the Indonesian National Arbitration Board (BANI) in the Prevention and Settlement of Business Disputes in Indonesia
ICOSTELM
EAI
DOI: 10.4108/eai.4-11-2022.2328969
Abstract
The rapid development of business activities in Indonesia can risk business disputes. The Indonesian National Arbitration Board (BANI/ Badan Arbitrase Nasional Indonesia), an arbitration institution based on Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, offers business dispute resolution services by Arbitration and Binding Opinion. This study aims to determine the differences between Arbitration and BANI Binding Opinions in preventing and resolving business disputes in Indonesia and the procedures for implementing Arbitration and providing BANI Binding Opinions. The research method used is empirical juridical, which links the legal provisions applicable in society with the reality on the ground, which is focused on analyzing problems to achieve research objectives. The results show that BANI Arbitration aims to resolve the business disputes of the parties that are not in accordance with the agreement, while the Binding Opinion aims to prevent disputes by providing legally binding opinions on the differences of opinion between the parties in the agreement. The implementation procedure is set forth in the BANI Arbitration Rules and Procedures, effective as of July 1, 2021.