TINJAUAN YURIDIS KEWENANGAN PENGADILAN NIAGA DALAM MENYELESAIKAN PERKARA KEPAILITAN DENGAN ADANYA AKTA ARBITRASE (Studi Putusan Kasus PT. Environmental Network Indonesia dan Kelompok Tani Tambak FSSP Maserrocinnae melawan PT. Putra Putri Fortuna Windu dan PPF International Corporation)

WARDHANI, NOVI KUSUMA (2009) TINJAUAN YURIDIS KEWENANGAN PENGADILAN NIAGA DALAM MENYELESAIKAN PERKARA KEPAILITAN DENGAN ADANYA AKTA ARBITRASE (Studi Putusan Kasus PT. Environmental Network Indonesia dan Kelompok Tani Tambak FSSP Maserrocinnae melawan PT. Putra Putri Fortuna Windu dan PPF International Corporation). Other thesis, UNIVERSITAS SEBELAS MARET.

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    Abstract

    The study belongs to juridical normative/doctrinal law research that is descriptive in nature using the secondary data type. The law materials employed in this study were primary, secondary and tertiary law materials. Technique of collecting data used was literary study. Technique of analyzing data employed by the research was deduction method. Furthermore, the result of research was writing systematically in the form of thesis. Based on the result of research, it can be explained that the arbitrage document is the document someone makes or an enterprise in establishing a relationship with its partner regulating about the settlement method if there is a problem or dispute in the future regarding the content of agreement. The arbitrage document can be in the form compromise document, that is, the agreement document made by the parties after the dispute occurs and in the form of pactum de compromittendomade before the dispute. The arbitrage document has a binding power when the arbitrage document is consistent with the contract freedom principle and the binding power principle as mentioned in Section 1338 KUH Perdata, as well as fulfilling the legitimacy of agreement regulated in the Section 1230 of KUH Perdata, as long as it is not contrasted with the act, morality, and public discipline. The commercial court has an authority of deciding the bankruptcy case although the parties had made the arbitrage document, because arbitrage is a procedure of settling the debt-credit dispute usually leading to compensation, but if for such dispute the bankruptcy statement proposal is filed, it is becomes the Commercial Court’s authority completely and arbitrage may not settle it. It can also be confirmed by the presence of provision in Article 303 of Act Number 37 of 2004 about the Bankruptcy and Delay of Debt Payment Obligation.

    Item Type: Thesis (Other)
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum > Ilmu Hukum
    Depositing User: Lia Primadani
    Date Deposited: 12 Jul 2013 08:54
    Last Modified: 12 Jul 2013 08:54
    URI: http://eprints.uns.ac.id/id/eprint/2524

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