| dc.contributor.author | WIDOWATY, YENI | |
| dc.contributor.author | FITRIYANTI, FADIA | |
| dc.date.accessioned | 2017-08-08T06:07:59Z | |
| dc.date.available | 2017-08-08T06:07:59Z | |
| dc.date.issued | 2016-12 | |
| dc.identifier.issn | 0854-8919 | |
| dc.identifier.uri | http://repository.umy.ac.id/handle/123456789/12582 | |
| dc.description | This research has 3 aims, the first is to examines the consideration of
the Supreme Court in deciding the cancellation of arbitration decision
under Article 70 and beyond Article 70 of Arbitration Act, the second
is to review and analyze theories used in the consideration of the Supreme
Court to cancel the Arbitration Decision.The third is to formulate
concept in deciding the cancellation of Arbitration based on the
principle of justice. This type of research is normative judicial
research.Approach used in this research is case study approach. In more
detail of the data obtained, processed and analyzed and presented in
descriptive qualitative. The result of the research is divided into several
parts, the first shows that according to the consideration of Deision of
Supreme Court No.729/K/Pdt.Sus/2008 see Article 70 of the Arbitrase
Act is limitative, different with Supreme Court Decision No.03/Arb/
BTU of 2005 interpeting Article is enunciatif.The second, the Great
Judge who cancel the arbitrase decision according to Article 70 Arbitration
Act which is limitative by using Analytical theory.the Great Judge
cancel the arbitrase decision refers to reasons beyond Article 70 of
Rbitrase Act using Progressive Law theory. The third, according to procedural
fairness the reason for cancellation is based on decision Article
No.70 Arbitrase Act is too limitative comparing to Article 34 of the
UNICITRAL Model Law.This substantive justice should be limited to
the signs, so that arbitrators use it arbitrarily. | en_US |
| dc.description.abstract | This research has 3 aims, the first is to examines the consideration of
the Supreme Court in deciding the cancellation of arbitration decision
under Article 70 and beyond Article 70 of Arbitration Act, the second
is to review and analyze theories used in the consideration of the Supreme
Court to cancel the Arbitration Decision.The third is to formulate
concept in deciding the cancellation of Arbitration based on the
principle of justice. This type of research is normative judicial
research.Approach used in this research is case study approach. In more
detail of the data obtained, processed and analyzed and presented in
descriptive qualitative. The result of the research is divided into several
parts, the first shows that according to the consideration of Deision of
Supreme Court No.729/K/Pdt.Sus/2008 see Article 70 of the Arbitrase
Act is limitative, different with Supreme Court Decision No.03/Arb/
BTU of 2005 interpeting Article is enunciatif.The second, the Great
Judge who cancel the arbitrase decision according to Article 70 Arbitration
Act which is limitative by using Analytical theory.the Great Judge
cancel the arbitrase decision refers to reasons beyond Article 70 of
Rbitrase Act using Progressive Law theory. The third, according to procedural
fairness the reason for cancellation is based on decision Article
No.70 Arbitrase Act is too limitative comparing to Article 34 of the
UNICITRAL Model Law.This substantive justice should be limited to
the signs, so that arbitrators use it arbitrarily. | en_US |
| dc.publisher | Universitas Muhammadiyah Yogyakarta | en_US |
| dc.subject | Inkonsistensi | en_US |
| dc.subject | Putusan Mahkamah Agung | en_US |
| dc.subject | Pembatalan | en_US |
| dc.subject | Putusan Arbitrase | en_US |
| dc.title | INKONSISTENSI PUTUSAN MAHMAKAH AGUNG DALAM MEMBATALKAN PUTUSAN ARBITRASE | en_US |
| dc.type | Article | en_US |
