Clause of Unlawful Action that May Void Arbitration Rules

  • Ahmad Yani Kosali Satya Negara University, Palembang
  • Dimas Pratama Putra Tridinanti University Palembang
Keywords: Clause, Unlawful Acts, Arbitration

Abstract

Arbitration is a way of resolving a civil dispute outside a public court based on an arbitration agreement made in writing by the disputing parties. The problem in this research is whether the Arbitration decision can be overturned by the District Court because it contains clauses of illegal acts?, and What are the forms of illegal acts that can be overturned by the District Court? The type of research used is descriptive normative legal research. From the results of the research, it can be concluded that: An Arbitration Award can be overturned by the District Court because it contains a clause on illegal acts, is a decision that has been tested and examined through a civil court hearing that it is proven based on the evidence submitted by the disputing parties that the arbitration award contains actions against the law. And a form of illegal action that can be annulled by the District Court is a decision that has permanent legal force stating that the arbitration award is proven to have been an illegal act committed by one of the parties.

References

Abdulkadir Muhammad. (2008). Indonesian Company Law. Citra Aditya Bakti.

Gary Goodpaster. (2002). A Review of Arbitration Dispute Resolution in Indonesia. Citra Aditya Bakti.

Gunawan Widjaya. (2005). Alternative Dispute Resolution. Rajawali Grafindo Persada.

Jonny Ibrahim. (2006). Legal Research. Prenada Media Group.

Mariam Darus Badrulzaman. (2000). The Civil Code Book II of the Bond Law with Explanations. Alumni.

R. Subekti. (2004). Agreement Law. Intermasa.

Rachmadi Usman. (2006). National Arbitration Law. Gramedia Widiasarana Indonesia.

Law Number 30 of 1999 concerning Alternative Dispute Resolution and Arbitration, (1999).

Riduan Syahrani. (2007). Civil Procedure Law District Court. Main Library.

Salim H. S. (2008). Contract Law: Contract Formulation Theory & Techniques. Sinar Grafika.

Satjipto Rahardjo. (2001). Law and Society. Space.

Setiawan. (2000). Engagement Law. Alumni.

Sudikno Mertokusumo. (2008). Indonesian Civil Procedure Law. Liberty.

Published
2021-03-30
How to Cite
Ahmad Yani Kosali, & Dimas Pratama Putra. (2021). Clause of Unlawful Action that May Void Arbitration Rules. Journal of Sustainable Development Science, 3(1), 26-34. https://doi.org/10.46650/jsds.3.1.1063.26-34
Section
Articles