| dc.contributor.author | FITRIYANTI, FADIA | |
| dc.date.accessioned | 2017-07-21T06:31:05Z | |
| dc.date.available | 2017-07-21T06:31:05Z | |
| dc.date.issued | 2017-04-04 | |
| dc.identifier.uri | http://repository.umy.ac.id/handle/123456789/11685 | |
| dc.description | This study firstly examines the consideration of the Supreme Court in deciding the annulment of
arbitral award both by reason under Article 70 and outside of 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 Arbitral 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 reserch processed and
analyzed using prescriptive analytical. The results 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 and Substantive
Justice reasons for annulment of an arbitral award pursuant to Article 70 of Law Arbitration is too
limitedly when it is compared to Article 34 The UNICITRAL Model Law. The substantive justice should
be limited to a restriction so that arbitrators use it arbitrarily. | en_US |
| dc.description.abstract | This study firstly examines the consideration of the Supreme Court in deciding the annulment of
arbitral award both by reason under Article 70 and outside of 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 Arbitral 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 reserch processed and
analyzed using prescriptive analytical. The results 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 and Substantive
Justice reasons for annulment of an arbitral award pursuant to Article 70 of Law Arbitration is too
limitedly when it is compared to Article 34 The UNICITRAL Model Law. The substantive justice should
be limited to a restriction so that arbitrators use it arbitrarily. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | Faculty of Law & Board of Research, Educational Development and Community Empowerment (LP3M) Universitas Muhammadiyah Yogyakarta | en_US |
| dc.subject | Inconsistency, the Supreme Court decision, the annulment, the arbitral award | en_US |
| dc.title | THE INCONSISTENCY OF SUPREME COURT DECISION TO ANNUL THE ARBITRATRAL AWARD IN INDONESIA | en_US |
| dc.type | Book | en_US |
