PERANAN LEMBAGA ARBITRASE DALAM PENYELESAIAN SENGKETA DAGANG INDONESIA | KELOMPOK 8

Summary

This video provides an insightful overview of arbitration in Indonesia's trade dispute resolution. The presenters introduce arbitration as an alternative dispute mechanism, explaining its legal foundation, types (ad hoc and institutional), and the role of BANI (Indonesian National Arbitration Board) in facilitating fair and efficient resolutions. The step-by-step arbitration process is outlined, emphasizing petition filing, mediation, and the final ruling. The video also discusses the legal strength of arbitration decisions, highlighting their binding nature under Indonesian law. This serves as a valuable resource for understanding arbitration's role in resolving commercial disputes in Indonesia.

Takeaways

• 😀 Arbitration is a method of resolving civil disputes outside of general courts, based on an arbitration agreement made in writing by the parties involved, according to Indonesian Law No. 30 of 1999.
• 😀 There are two types of arbitration: ad hoc arbitration, which is established specifically to resolve a particular dispute, and institutional arbitration, which is a permanent body set up to handle disputes for those who want out-of-court resolutions.
• 😀 Legal foundations for arbitration in Indonesia include Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, the Civil Code, and the Indonesian Arbitration Code of Procedure (Article 615-651).
• 😀 The Indonesian Arbitration Body (BANI) provides fair and quick resolution for civil disputes related to commerce, industry, and finance.
• 😀 The arbitration process begins when the claimant submits a request along with evidence and pays the registration fee.
• 😀 The BANI Secretariat reviews the request to ensure it has jurisdiction over the case, and if it does, it proceeds by sending the evidence to the defendant.
• 😀 If BANI lacks jurisdiction, the case is returned to the claimant, but if it has jurisdiction, the process moves forward with the defendant's response to the claim within 30 days.
• 😀 Once administrative fees are paid, BANI will send a notice about the arbitration panel, which will handle the case.
• 😀 The arbitration panel will first attempt mediation during the first hearing, lasting up to 40 days. If mediation fails, the dispute continues under arbitration proceedings.
• 😀 Arbitration must be completed within 180 days from the first hearing, excluding mediation time. If the mediation succeeds, the arbitration panel will issue a settlement agreement. If not, the panel proceeds to make a ruling based on applicable law, fairness, and justice.

Q & A

What is arbitration according to the Indonesian Arbitration Law?

Arbitration, according to Article 1, Paragraph 1 of Law No. 30/1999, is a method of resolving civil disputes outside of the general courts, based on a written arbitration agreement made by the parties involved in the dispute.

What are the two types of arbitration recognized in Indonesia?

The two types of arbitration recognized in Indonesia are 'ad hoc arbitration' and 'institutional arbitration'. Ad hoc arbitration is created specifically to resolve a particular dispute, while institutional arbitration is conducted by a permanent arbitration institution.

What legal foundations support arbitration in resolving commercial disputes in Indonesia?

The legal foundations include Law No. 30/1999 on Arbitration and Alternative Dispute Resolution, provisions concerning arbitration in the Indonesian Civil Code, and Articles 615 to 651 of the Civil Code regarding arbitration procedures.

What is the role of the Indonesian Arbitration Body (BANI)?

The role of BANI (Badan Arbitrase Nasional Indonesia) is to provide fair and quick dispute resolution for civil disputes in the fields of commerce, industry, and finance.

What is the first step in the arbitration process for commercial disputes?

The first step is for the applicant to submit an arbitration request along with the supporting evidence and pay the registration fee.

What happens if BANI is not authorized to handle a dispute?

If BANI is not authorized to handle the dispute, the case file is returned to the applicant.

What is the role of the respondent (termohon) in the arbitration process?

The respondent must submit their response to the applicant's arbitration request within 30 days from the receipt of the request.

What is the purpose of the mediation phase during arbitration?

The purpose of mediation is to encourage the parties to reach a settlement and avoid a formal ruling. The mediation process lasts up to 40 days.

What happens if the parties reach an agreement during the mediation phase?

If the parties reach an agreement during mediation, the arbitration panel will issue a ruling acknowledging the settlement.

What is the legal standing of an arbitration ruling in Indonesia?

An arbitration ruling is legally binding according to Law No. 30/1999. If no agreement is reached during mediation, the arbitration panel will issue a decision based on applicable laws and principles of justice.