scholarly journals Penerapan Mediasi dalam Penyelesaian Sengketa Wanprestasi Hutang Piutang di Pengadilan Negeri Gianyar

2021 ◽  
Vol 2 (1) ◽  
pp. 182-187
Author(s):  
Putri Anggun Puspasari ◽  
Ni Luh Made Mahendrawati ◽  
Desak Gede Dwi Arini
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Civil Code ◽  
District Court ◽  
Alternative Form ◽  
Mediation Process ◽  
Legal Research ◽  
The Third ◽  
Accounts Payable ◽  
Sense Of Justice

Mediation is an alternative form of dispute resolution. Mediation has grown and developed, running fast, the desire of humans or the community to resolve disputes quickly, and satisfying both parties to the dispute, According to PERMA No. 1 of 2016 concerning Procedure for Mediation in the Court determining that Mediation is a way to settle disputes peacefully, quickly, right, and effective, can open wider access to the parties to the dispute to obtain a settlement of the case, and get a sense of justice. Accounts payable is an agreement that creates rights and obligations between creditors and debtors who are reciprocal. Accounts payable is regulated in Chapter Thirteenth of the Third Book of the Civil Code, in Article 1754 of the Civil Code. The problem is how is the application of mediation in resolving disputes over debt defaults in the Gianyar District Court? And what are the factors that influence the success of mediation in the Gianyar District Court? The research used is empirical legal research, which is looking at society in the real sense. And the problem approach used is the approach of cases in the Gianyar District Court. The conclusion obtained from this study is that the application of mediation in the Gianyar District Court is in accordance with Supreme Court Regulation No. 1 of 2016, and the factors that hinder the mediation process in the Gianyar District Court, namely both litigants do not come in the mediation process so the mediation process failed.

scholarly journals JURIDIS ANALYSIS OF CONFLICT COMPETENCY OF BUSINESS DISPUTE SETTLEMENT THROUGH ARBITRATION AND GENERAL JUSTICE IN STOCK OWNERSHIP

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Edi Prayitno ◽  
Martin Roestamy
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
District Court ◽  
Court Decisions ◽  
Legal Research ◽  
Actual Case ◽  
Arbitration Clause ◽  
Investment Agreement

This Thesis was written based on the result of legal research that analyzes conflict of business dispute resolution between arbitration and litigation in accordance with the applicable regulation and court decisions which have acquired permanent legal force. The method used in this legal research is normative legal methods. The study of literature as a basis of the research and according to Law Number 30 Years 1999 about Arbitration and Alternative Dispute Resolution, in Article 3 and Article 11 of the Law have expressively stated that District Court does not have the authority to adjudicate disputes between the parties that bound by the arbitration agreement. The result of this legal research is that arbitration clause as stated in business investment agreement that should be absolute competencies to resolve the dispute, but the Decision of District Court Judges which have been strengthened by Supreme Court of Indonesia expressively stated that the court has the authority to check and adjudicate the dispute even it has arbitration clause or arbitration agreement with the reason that the dispute is a tort and there are another parties beside the party who sign the Investment Agreement, in the suit. The court attitude that adjudicate the dispute with arbitration clause lead to conflict of competency and never ending adjudication process of business dispute. From the actual case that researcher has been analyzes, researcher suggest that Supreme Court of Indonesia as the highest judicial body must respect arbitration body by rejecting all of the civil cases that have arbitration clause on its agreement. Law Number 48 Years 2009 about Judicial Power stated that non-litigation dispute resolution is conducted through arbitration or alternative dispute resolution. Based on pacta sun servanda and choice of forum principles on the agreement binding to the parties and must be obeyed by the parties.KeyWord : : Arbitration Clause, Pacta Sun Servanda Principle, Business.

scholarly journals Pembagian Harta Warisan Ditinjau dari Kitab Undang-Undang Hukum Perdata

2020 ◽  
Vol 1 (2) ◽  
pp. 148-152
Author(s):  
Ni Luh Gede Suwarni ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Data Analysis ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Rapid Development ◽  
Civil Code ◽  
Legal Issues ◽  
District Court ◽  
Legal Research ◽  
Settlement Of Disputes

Indonesia has experienced rapid development from ancestral ages to modern ages in terms of its people living with daily-supporting facilities. In other words, the Indonesian people live with a legacy which is then developed. Regarding inheritance, this study examines two legal issues: (1) distribution of inheritance according to the Civil Code and (2) settlement of disputes over distribution of inheritance results according to the Civil Code. This study was designed using a normative legal research method design; the data were collected by applying note-taking and analysing techniques based on legal materials. Based on the results of data analysis, it is found that in terms of its form there are three types of rights and obligations of an heir: openbaar testament, a form of inheritance made by a notary, in which case, the person who will transfer the inheritance appears before a notary and declares his will; olographis testament, a form of inheritance realising in writing by hand and is affixed by the hand of the inheritor (elgenhading / gedepoecerd); and a secret testament, a form of inheritance that requires the transfer of inheritance by written evidence, made by the person transferring the inheritance but not necessarily handwritten. There are two forms of dispute resolution related to inheritance through litigation, namely the general court, which in this case is the district court, the authority to examine disputes and the commercial court of a special court that is within the environment of a general court that has the competence to examine and decide an application for participation and postponement of debt payment obligation (PKPU) and disputes over intellectual property rights (HaKI).

scholarly journals PELAKSANAAN PERJANJIAN HUTANG PIUTANG ATAS DASAR KEPERCAYAAN (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR:2683 K/Pdt./2016)

2019 ◽  
Vol 2 (1) ◽  
pp. 1090
Author(s):  
Sherry Renata ◽  
Hanafi Tanawijaya
Keyword(s):  
Supreme Court ◽  
Secondary Data ◽  
Civil Code ◽  
Legal Research ◽  
Research Instrument ◽  
Accounts Payable ◽  
Research Type

The agreement as described in Article 1313 KUHPer is, an act of mutual adherence to one or more persons. The most common agreement in society is one of the accounts payable receivables. Receivable debt agreements orally are made solely by the words of the parties. The purpose of this writing is to find out how the settlement of the implementation of the loan receivables agreement contains elements of default. This research is a normative legal research. Type of data used is secondary data in the form of primary legal materials, secondary law materials, and non-law material. Technique of collecting data used is study of literature, instrument of research instrument is the decision of Supreme Court of Republic of Indonesia No: 2683 K / Pdt.2016. The verdict on the case of default, ie between Soekotjo as Plaintiff and Melyani as Defendant. Claimed suicide on the ground has made a default on the verbal debt receivable agreement. Melyani denied the amount of the loan sued by Soekotjo because it was considered inappropriate. However, the judge decides that Melyani performs torture. Oral agreements have the power of law, as long as they are proved to have been made by the parties and have been in compliance with the legitimate terms of the agreement set forth in Article 1320 of the Civil Code.

KEWENANGAN PENGADILAN DALAM PEMBATALAN PUTUSAN ARBITRASE INTERNASIONAL DI INDONESIA

2017 ◽  
Vol 5 (2) ◽  
pp. 26
Author(s):  
Yuanita Permatasari ◽  
Pranoto ,
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
District Court ◽  
International Arbitration ◽  
Legal Research ◽  
Recognition And Enforcement ◽  
Materials Used ◽  
Legal Substances ◽  
Arbitration Award

<p>Abstract<br />This article aims to find out the recognition and enforcement of international arbitration award in Indonesia, as well as the authority of the courts in annulment the international arbitration award in Indonesia. This research is a normative and prescriptive legal research. The type and source of materials used is the source of secondary legal material. The legal substances used in this study are of two kinds, namely primary legal materials and secondary legal materials. The method of collecting legal materials in this study is obtained through assessment of existing libraries, books, law journals, and court awards. Based on the result of the discussion, it can be concluded: Firstly, the international arbitration award can be recognized and enforced if the award is registered and obtain an execution from the Central Jakarta District Court. International arbitration rulings can only be recognized and enforced if they full fil the conditions in Article 66 of Arbitration and Alternative Dispute Resolution law. Second, the international arbitration award is final and binding. However, in reality many international arbitration awards are requested for annulment to the Court in Indonesia.</p><p>Keywords: international arbitration award, annulment of international arbitration award, enforcement of international arbitration award</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui pengakuan dan pelaksanaan putusan arbitrase internasional di Indonesia, serta kewenangan pengadilan dalam membatalkan putusan arbitrase internasional di Indonesia. Metode penelitian yang digunakan adalah penelitian hukum normatif bersifat preskriptif. Pendekatan yang digunakan penulis adalah pendekatan kasus. Sumber bahan hukum yang digunakan adalah bahan hukum primer dan bahan hukum sekunder, dengan teknik analisis bahan hukum menggunakan metode silogisme dan interpretasi dengan menggunakan pola berpikir deduktif. Berdasarkan hasil pembahasan dapat disimpulkan: Pertama, agar putusan arbitrase internasional dapat diakui dan dilaksanakan, maka putusan tersebut harus terlebih dahulu didaftarkan dan memperoleh exequatur dari Pengadilan Negeri Jakarta Pusat. Putusan arbitrase internasional hanya dapat diakui dan dilaksanakan apabila memenuhi syarat-syarat yang ditentukan dalam Pasal 66 Undang-Undang Nomor. 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa. Kedua, putusan arbitrase internasional bersifat final and binding. Sehingga, putusan arbitrase internasional tidak dapat diajukan upaya pembatalan putusan arbitrase. Namun, dalam realitanya banyak putusan arbitrase internasional yang dimintakan pembatalannya kepada Pengadilan di Indonesia.</p><p>Kata Kunci: putusan arbitrase internasional, pembatalan putusan arbitrase internasional, pelaksanaan putusan arbitrase internasional</p>

scholarly journals IMPLEMENTASI KEBIJAKAN PERATURAN MAHKAMAH AGUNG NOMOR I TAHUN 2008 TENTANG PROSEDUR MEDIASI DI PENGADILAN AGAMA BANDUNG KELAS I.A

1970 ◽  
Vol 18 (1) ◽  
pp. 1-18
Author(s):  
Kun Budianto
Keyword(s):  
Dispute Resolution ◽  
Islamic Law ◽  
Regulatory Policy ◽  
Mediation Process ◽  
Court Cases ◽  
Policy Rules ◽  
Litigation Process ◽  
Settlement Of Disputes ◽  
Sense Of Justice ◽  
Religious Courts

This article discussed regulatory policy on mediation in religious courts way dispute resolution through mediation according to Islamic law and implementation of mediation in settlement court cases in Religious Courts Bandung Class I A. This research base on the policy rules by mediation in the  Religious Courts;  (a)  the  benefits to  be  gained if mediation used as a means in the  settlement  of  disputes,  namely  the  mediation process  could overcome  the  problem  of  accumulation of  matter,  the  mediation process is viewed as a means of dispute resolution that is faster and cheaper than the litigation process, enforcement of mediation can expand access for all parties to gain a sense  of  justice,  (b)  provision their peace  efforts in legislation.  (c) Indonesian society is a society that likes peace. The Implementation of the mediation process done with two ways, namely mediation initial litigation, and over litigation.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals INTEGRASI LEMBAGA PENYELESAIAN SENGKETA ALTERNATIF DALAM PROSES ACARA PERADILAN PERDATA: STUDI TENTANG PUTUSAN PENGADILAN YANG DI MEDIASI BERDASARKAN PERMA NOMOR 1 TAHUN 2008

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
AAN Roy Sumardika
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Negotiation Process ◽  
Third Party ◽  
Mediation Process ◽  
Peace Agreement ◽  
Legal Concept ◽  
Legal Remedy ◽  
The Law ◽  
Court Proceedings

Mediation process means dispute resolution through negotiation process for obtaining a peace agreement between the parties by using a third party in settling the dispute. Article 130 HIR/154 RBg determines peace efforts may use since the trial began before a judge hands down the dispute. Mediation as part of the Alternative Dispute Resolution is a process outside the court, but Indonesian Supreme Court Rules No. 1/2008 integrates it in the court proceedings and allows the mediation process at the level of legal remedy. So the problem investigated is the court decision re-mediated and the peace agreement mediation results. The method used normative legal research by Legislation Approach and to deepen the research study also use a Legal Concept Analysis Approach which is intended to establish a view and legal arguments in solving the problem at hand. Case that has been decided by the courts is not possible to re-mediated. The mediation process at the level of legal remedy is contrary to the law, especially the provisions of Article 130 HIR / 154 RBg. Indonesian Supreme Court Rules as rules are hierarchically under the law (HIR/RBg) not justified material being regulated substance exceeding material are governed by higher laws. So Indonesian Supreme Court Rules No. 1/2008 can not be a legal basis to regulate the integration of mediation into the docket particularly about mediation at the level of legal remedy because the principle of lex superiori derogat legi inferiori and the principle of lex specialis derogat legi generali not met.

scholarly journals Urgensi Pembentukan Peradilan Khusus Pemilu dalam rangka Mewujudkan Integritas Pemilu

2018 ◽  
Vol 7 (2) ◽  
pp. 267
Author(s):  
Iwan Rois ◽  
Ratna Herawati
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Research Method ◽  
District Court ◽  
Election Law ◽  
Legal Research ◽  
High Court ◽  
Provincial Level ◽  
The Supreme Court ◽  
General Elections

This study aims to analyze the need to establish a special election court which has the authority to solve various election law cases in order to realize elections with integrity; and analyzing the formulation of election special justice in order to realize the integrity of the election. The research method used is the method of normative legal research and the implementation of this research collects data from various sources in order to get an answer to the issues that have been formulated. The results of the study shows that  the purpose of the need for the formation of special judicial elections; First, to meet the growing demands of increasingly complex justice in society and more election law enforcement so as to realize the integrity of the elections; Second, To handle the election law cases quickly and simply so as to obey the integrity of the election. Formulation; First, the election special justice to be able to work quickly and simply in handling election law cases, domiciled at the central and provincial level, then entering the District Court or the High Court; Secondly, the Guidelines for the election special judicial law shall be based on Supreme Court Regulation Number 4 Year 2017 on Procedures for the Settlement of Administrative Offenses of the General Elections in the Supreme Court. Penelitian ini bertujuan untuk menganalisis perlunya membentuk peradilan khusus pemilu yang mempunyai kewenangan menyelesaikan berbagai perkara hukum pemilu agar terwujud pemilu yang berintegritas; dan menganalisis formulasi pembentukan peradilan khusus pemilu dalam rangka mewujudkan integritas pemilu. Metode penelitian yang digunakan ialah metode penelitian hukum normatif dan pelaksanaan dari penelitian ini mengumpulkan bahan hukum dari berbagai sumber guna mendapatkan suatu jawaban atas pokok-pokok permasalahan yang telah dirumuskan. Hasil penelitian menunjukkan bahwa tujuan perlunya pembentukan peradilan khusus pemilu; Pertama, Untuk memenuhi tuntutan perkembangan akan keadilan yang semakin kompleks dalam masyarakat dan lebih penegakan hukum pemilu sehingga mewujudkan integritas pemilu; Kedua, Untuk menangani perkara hukum pemilu dengan cepat dan sederhana sehingga mewudkan integritas pemilu. Formulasi; Pertama, Peradilan khusus pemilu agar bisa bekerja cepat dan sederhana dalam menangani perkara hukum pemilu, berkedudukan di tingkat pusat dan provinsi, selanjutnya masuk pada Pengadilan Negeri atau Pengadilan Tinggi; Kedua, Pedoman beracara pada peradilan khusus pemilu berdasarkan pada Peraturan Mahkamah Agung Nomor 4 Tahun 2017 tentang Tata Cara Penyelesaian Pelanggaran Administratif Pemilihan Umum Di Mahkamah Agung.

scholarly journals Odpowiedzialność kościelnych osób prawnych za czyny pedofilskie duchownego – wyrok na miarę precedensu. Uwagi w sprawie wyroku Sądu Najwyższego z dnia 31 marca 2020 r., sygn. II CSK 124/19

2020 ◽  
pp. 33-52
Author(s):  
Paweł Borecki
Keyword(s):  
Supreme Court ◽  
Catholic Church ◽  
World View ◽  
Civil Liability ◽  
Civil Code ◽  
District Court ◽  
Supreme Court Ruling ◽  
The Supreme Court ◽  
Court Of First Instance ◽  
Legal Entities

The judgment of March 31, 2020, file ref. II CSK 124/19, has great social and legal significance. It is the first Supreme Court ruling concerning the civil liability of church legal entities for pedophilic acts committed by a clergyman. The Supreme Court shared the view of the Court of Appeal accepting the liability of church legal persons in the light of all the facts of the case of Art. 430 of the Civil Code (culpability in supervision). However, it convincingly distanced itself from the position of the District Court (court of first instance) that liability under Art. 429 of the Civil Code (culpability in choice) should be taken into consideration. In the justification of the judgment, the Supreme Court conducted a thorough analysis of the premises for the civil liability of church legal persons for the activities of a religious person subordinate to them. In particular, it stated that if the perpetrator acts for personal gain and the performance of the official activity enables him to cause damage, the superior cannot effectively raise the objection that the subordinate caused said damage only in the performance of the entrusted tasks. Thus, the Supreme Court upheld the interpretation of Art. 430 of the Civil Code, assuming the liability of legal persons for damage caused by a subordinate. It distinctly applied this liability to church legal entities. When appointing the adjudication panel of the Supreme Court, impartiality was preserved. On the other hand, doubts are raised regarding the Court’s neutrality in terms of world-view in some parts of its judgment justification. The judgment of March 31, 2020 must be assessed as brave and just. It has the chance to set the course of judicial decisions in matters of the liability of religious legal persons for pedophilic acts committed by clergy acting under their supervision. The justification of the judgment is understandably critical towards the perpetrator and church legal persons superior to him, and also sometimes towards the provisions of the Code of Canon Law. It should be emphasized, however, that the judgment is not an “indictment” against the Catholic Church as such, and even less so against religion.

scholarly journals PENERAPAN PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI MASA PANDEMI COVID 19. (STUDI DI PENGADILAN AGAMA KAB. KEDIRI)

2021 ◽  
Vol 6 (2) ◽  
pp. 117
Author(s):  
Emi Puasa Handayani ◽  
Zainal Arifin
Keyword(s):  
Supreme Court ◽  
Mediation Process ◽  
Legal Basis ◽  
Second Stage ◽  
The Third ◽  
The Supreme Court ◽  
Third Stage ◽  
Data Source ◽  
Three Stages ◽  
The Republic

This article is the outcome of research aimed at took two problems. First, what is the procedure for the mediation process in accordance with the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016. Second, how is the implementation of Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016, during the Covid 19 pandemic at the Kediri District Religious Court. The method used in this research is juridical empirical. The research steps taken were: First, the researcher visited the Kediri District Religious Court offi ce. To fi nd initial data, and interviewed the data source, then processed and presented according to the theory used. The theory used is the legal system. In essence, there are three components in law, namely substance, structure and culture (society). The research found two things, namely: fi rst, that Mediation based on the regulations of the Supreme Court is carried out in three stages, fi rst is pre-mediation, the second stage is the application of mediation and the third stage is the implementation of mediation. The second fi nding is that the implementation of Perma RI Number: 1 of 2016 concerning mediation during the Covid 19 pandemic at the Kediri District Religious Court deviates from the established legal basis. The judge still gave a verdict or sentenced him, even though the Petitioner did not come at the time of mediation on the grounds of the Covid 19 Pandemic.

Sign in / Sign up

Export Citation Format

Share Document