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Urgensi Pengaturan Arbitrase Dalam UU Pasar Modal
Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Jurnal Hukum Bisnis vol. 14 (Jul. 2001)
Perpustakaan Pusat (Semanggi)
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Lihat Detail Induk
There is a similiarity between arbitration and court. Both of them are demanding on a third party, an arbiter or a judge. The disputes should entrust the third party straight from their shoulders. The difference between them can be seen in their status. In case of Arbitration, an arbiter is an individual judge, whilist in case of the Court, a judge is an official bureaucrat. There are some advantages of handling a legal disputes via Arbitration, i.e. (1). Arbitration is unpublished; and (3) the decision will reflect a fair justice and expertise. There is a need of speed up time to making final judgement for arbitration. In the USA, Securities Institutions have established Security Industry Conference on Arbitration (SICA) since 1977. The SICA released Unifrom Code of Arbitration, in order to solve any legal dispute between investors and the Securities Institution. In the respect of the Revision Plan to the ACT No.8/1995 about the Capital Market, there is description about the Arbitration. The Revision Plan is also described the role ogf the Controlling Institution called the BAPEPAM, which its role is to protect the weakness parties, such as ; a minority shareholder, or public investors. However, the BAPEPAM need to have legitimate regulation to implement its role and its function.
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