Beberapa Catatan Yang Perlu Mendapat Perhatian Atas UU No. 30 Tahun 1999  

Oleh:

Harahap, M. Yahya

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 21 (2002), page 16-44.
Topik: ARBITRATION LAW; UU No. 30 tahun 1999

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.3 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

Is there anything opening to debate within articles of arbitration law no. 30 of 1999 ? Of course, there are various reasons to debate as discussed by this paper. The debate of articles may be caused by this paper. The debate of articles may be caused by ambiquity of statement, unplain understanding, uncertainty of meaning, vaque statement or may too broad in term of meaning. It can also be reasoned of improperly and unproportionally regulation in such matters of the law that may cause any trouble in practicing law enforcement. At least there are eight points of discussions in the article, viz : - the implementation of arbitration jurisdiction (article 3) of the law no. 30 of 1999 does generalization and absolute, without looking at the agreement cause of contract - the law does not provide solution upon the issue of arbitration clause in conformity with the chosen domicile of certain state court - the law does not firmly declare whether the verdict or determination of state court chairman upon the appointment of arbitrator should have any objection or cancellation - the article 15 section (15) consists of ambiquity understanding - the law does not explicitly explain whether the termination of prosecution is imperative or facultative in the absence of litigant on the first court section - the law does not clearly discussed about how is the existence of the verdict taken after expiration date of litigation as described in the article 48 section (1) without expanding time according to the article 33 - the law does not explain the connection system between arbitration and court.

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