ASPEK HUKUM PUTUSAN ARBITRASE ASING DI DALAM SISTEM PERADILAN DI INDONESIA

Saraswati, Ajeng Juli (2010) ASPEK HUKUM PUTUSAN ARBITRASE ASING DI DALAM SISTEM PERADILAN DI INDONESIA. Other thesis, Universitas Sebelas Maret.

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    Abstract

    Ajeng Juli Saraswati, E 0005073. 2010. LEGAL ASPECTS IN FOREIGN AWARD JUSTICE SYSTEM in INDONESIA. Law Faculty Sebelas Maret University. This study aimed to find out how the legal aspects of the enforcement of foreign arbitration in the judicial system in Indonesia with a view to study the enforcement of foreign arbitration in Indonesia, the legal effort against the decision of a foreign arbitration in Indonesia as well as constraints in the execution of foreign arbitration decision. This research includes the study of normative and descriptive legal. The research which is descriptive of this study are intended to illustrate and describe all the data obtained, related to the problem being investigated. The data used in this study is the type of secondary data is data obtained through assessment of existing libraries, which is associated with this research, which includes primary legal materials that are binding and underlie other legal materials, such as the Law, Decree and PERMA , secondary legal materials such as textbooks, dictionaries, law journals, and commentary on court decisions, and tertiary legal materials and explanations that give clues to primary and secondary legal materials, consisting of legal dictionaries, dictionaries Indonesian and free. In this research, data collection techniques used are literature studies, namely by analyzing court decisions and make notes of books of literature, legislation, documents and other matters relevant to the issues being investigated. Furthermore, data obtained further processed and analyzed to answer the problem is being investigated. The data analysis technique used is the data analysis techniques with deductive syllogism is a technique to draw conclusions from things that are general to the direction that is specific. Based on the discussion yielded the conclusion that the foreign arbitration decision shall be final and binding. Thus, a foreign award can not be field an appeal, an appeal or judicial review. But in reality, the foreign award "many" who sued the District Court. District Court judge here should have no right to inspect the existing dispute arbitration clause (Article 3of Law Number 30Year 1999Arbitration). However, here the judges are people who are considered to understand law (ius Curianovit) therefore should not be refused to examine, hear and decide the case which proposed to him (Article 16paragraph (1) of Law Number 4Year 2004on Judicial Power.

    Item Type: Thesis (Other)
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum
    Fakultas Hukum > Ilmu Hukum
    Depositing User: Users 844 not found.
    Date Deposited: 15 Jul 2013 05:09
    Last Modified: 15 Jul 2013 05:09
    URI: https://eprints.uns.ac.id/id/eprint/4253

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