Beberapa Catatan Tentang Peraturan Prosedur Badan Arbitrase Nasional Indonesia (BANI)  

Oleh:

Umar, M. Husseyn

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 21 (2002), page 45-54.
Topik: bani; badan arbitrase nasional indonesia (BANI)

Ketersediaan

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

Lihat Detail Induk

Isi artikel

The article focuses discussion around the indonesia national body of arbitration (BANI) and its role on the asistance of business dispute resolution through arbitration. The BANI was established in the 1977 because of the need to settle trading dispute quickly and efficiently in the way of arbitration as an alternative solution of dispute out side the court. The resolution of dispute through arbitration body or forum shall be performed in accordance with regulation and procedure of the appointed body unless stated by parties. The BANI aims to achieve fair and quick solution on the civil dispute in the course of trading, industry and finance nationally and internationally. In carrying on its duty the BANI is an autonomous body and should free from intervention of another authority, in doing so the BANI as arbitration body can stand over parties involved in the dispute objectively, fairly and honestly based on its pure and clean convictions. However should be realized by parties involved in the business contract ultimately foreign business relation the consequences of the inclusion of arbitration clause on a written trade agreement. The inclusion will have some consequences, first it gives an absolute jurisdiction arbitration forum to do inspection and litigation upon the case of arbitration and abolishes the authority of state court to litigate the case (article 3 UU no. 30 / 1999) , secondly it abolishes the right of parties to settle the dispute or difference opinion as stated in the agreement to bring into the court (article 11 section (1)). Furthermore the state court is mandated by the law to refuse to examine the case of arbitration except in a certain circumstance as ordered by the law (article 11 section (2)).

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