| dc.contributor.author | FITRIYANTI, FADIA | |
| dc.date.accessioned | 2017-08-25T06:32:31Z | |
| dc.date.available | 2017-08-25T06:32:31Z | |
| dc.date.issued | 2017-04-04 | |
| dc.identifier.uri | http://repository.umy.ac.id/handle/123456789/13412 | |
| dc.description.abstract | This study firstly examines the consideration of the Supreme Court in deciding the annulment of arbitration award both by reason of annulment under Article 70 and beyond article 70 Law No 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, secondly reviewing and analyzing theories used in consideration for the Supreme Court to annul the Arbitration Award. Thirdly formulate a concept in deciding the annulment of an Arbitral award based on the principle of justice. This type of research is normative juridical research. Some of the approaches used in the analysis of this research are case approach, statue approach, the comparative approach. In more detail, the data obtained from the study processed and analyzed presented prescriptive analytical. The results of result showed firstly based on the consideration of The Supreme Court Decision No. 729 / K / Pdt.Sus / 2008 interpret Article 70 of the Arbitration Act in limiting, contrast with The Supreme Court Decision No.03 / Arb.BTU 2005 interpret Article 70 is enunciation. secondly, The Judges annul the arbitral award under Article 70 of the Arbitration Act is limitedly using analytical theory meanwhile, the Judges annul the arbitral award refers to reasons beyond Article 70 of the Arbitration Act uses Progressive legal theory. Thirdly based on Procedural Justice reasons for annulment of an arbitral award pursuant to Article 70 of Law Arbitration too limitedly when it is compared to Article 34 The UNICITRAL Model Law. This substantive justice should be limited to a restriction so that arbitrators use it arbitrarily.
Keywords: inconsistency, the Supreme Court decision, the annulment, the arbitral award | en_US |
| dc.description.sponsorship | FACULTY OF LAW , UNIVERSITAS MUHAMMADIYAH YOGYAKARTA | en_US |
| dc.publisher | LP3M AND FACULTY OF LAW UNIVERSITAS MUHAMMADIYAH YOGYAKARTA | en_US |
| dc.subject | THE INCONSISTENCY | en_US |
| dc.subject | THE SUPREME COURT DECISION | en_US |
| dc.subject | THE ANNULMENT | en_US |
| dc.subject | THE ARBITRAL AWARD | en_US |
| dc.title | THE INCONSISTENCY OF SUPREME COURT DECISION TO ANNUL ARBITRAL AWARD IN INDONESIA | en_US |
| dc.type | Article | en_US |
