Kajian Ekonomis Penyelesaian Sengketa Bisnis melalui ADR (Alternative Despute Resolution)

2020 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Miswardi Miswardi
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Economic Benefits ◽  
Legal Institution ◽  
Business People ◽  
Minimize Costs

<p align="center"> </p><p><em>In line with the increasing demands of the business in the era of globalization, especially related to the resolution of business conflicts, business people have tried to find alternative dispute resolution methods other than justice. This is because the judicial institution as a legal institution that should be able to play its role in efforts to resolve various kinds of business conflicts, is in reality not as expected by business people. There is support for normative formalities. Therefore alternative dispute resolution institutions can be used as a very possible choice. This alternative institution is considered more effective in various aspects of business dispute resolution, in response to the demands of very fierce business competition. Some economic benefits gained from choosing a solution through ADR (Alternative Despute Resolution) are that this model is not formal, saves more time and also minimize costs in dispute resolution.</em></p><p> </p>

scholarly journals LEGAL APPROACHES TO ONLINE ARBITRATION: OPPORTUNITIES AND CHALLENGES IN INDONESIA

2016 ◽  
Vol 28 (2) ◽  
pp. 314
Author(s):  
Agustina Fitrianingrum ◽  
Rina Shahriyani Shahrullah ◽  
Elza Syarief
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Qualitative Approach ◽  
Legal Research ◽  
Business People ◽  
Online Arbitration

AbstractOnline arbitration is one of the mechanisms to settle business disputes. Using online arbitration in Indonesia is challenging because the Indonesian arbitration law (Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution) does not specifcally deal with online arbitration. This research provides arguments and evidences that the relevant Indonesian national laws support the use of online arbitration. It adopts a normative legal research with a qualitative approach. It is concluded that business people should not be doubtful to use online arbitration to settle their business disputes since it is valid and its awards are enforceable in Indonesia.IntisariPenggunaan elektronik dan internet dalam bisnis memberikan banyak peluang bagi pelaku bisnis untuk memperluas jaringan bisnisnya. Arbitrase online merupakan salah satu mekanisme yang memberikan alternative solusi ketika terjadi perselisihan dalam bisnis. Namun, pelaku bisnis akan menghadapi berbagai tantangan dalam menggunakan arbitrase online di Indonesia karena hukum arbitrase di Indonesia yang diatur dalam Undang-Undang No.30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa tidak secara khusus mengatur hal-hal yang menyangkut arbitrase online. Penelitian ini bertujuan untuk memberikan dasar pemikiran bukti pendukung terkait bahwa hukum di Indonesia juga mendukung pelaksanaan arbitrase online. Penelitian ini menggunakan pendekatan hukum normatif dengan metode kualitatif digunakan untuk mengalisa hukum di Indonesia yang relevan. Hasil penelitian ini menyimpulkan bahwa pelaku bisnis seharusnya tidak perlu merasa khawatir menggunakan arbitrase online untuk menyelesaikan sengketa bisnis karena hasil keputusan arbitrase online jelas dan dapat dieksekusi di Indonesia.

scholarly journals HISTORIOGRAPHY OF THE LAW INSTITUTE OF ALTERNATIVE DISPUTE RESOLUTION IN ADMINISTRATIVE JUDICIARY

2020 ◽  
pp. 265-273
Author(s):  
І. М. Проскурякова
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Positive Impact ◽  
Scientific Basis ◽  
Legal Institution ◽  
Leading Role ◽  
Stage Of Development ◽  
Legal Literature ◽  
Court Proceedings ◽  
Administrative Proceedings

The relevance of the article is that in administrative law the legal institution is usually referred to as a kind of alternative dispute resolution, which under certain conditions is able to overcome or reduce the negative and help restore their rights. By its nature, this institution is designed on the basis of law and consensus of the parties to promptly resolve the issue on the merits and save heterogeneous resources. The consequences of this are several positive aspects, including, for example, the unloading of the judiciary, as well as a positive impact on public opinion or positive ratings of Ukraine in the world. The leading role in increasing the effectiveness of the legal institution of dispute resolution with the participation of a judge is played by its scientific basis, part of which is historiography. After all, it is well known that the neglect of the study of the genesis of thoughts is a manifestation of errors and one-sidedness, which can lead to undesirable consequences of varying severity. The purpose of the article is to provide a description of the historiography of the legal institution of alternative dispute resolution in administrative proceedings on the basis of dissertation research on dispute resolution with the participation of a judge. The article describes the historiography of the Ukrainian administrative and legal institute of alternative dispute resolution in court proceedings. The author focuses on the issue of dispute resolution with the participation of a judge at the present stage of development of scientific and legal thought. It is concluded that the issue of alternative, mediation or pre-trial settlement / resolution of disputes in the domestic legal literature remains controversial. In the past five years, a new impetus for the development of the historiography of the legal institution of alternative dispute resolution in administrative proceedings has been the problems of Ukrainian society related to unresolved judges and reasonable deadlines initiated by democratic European institutions. In Ukraine, along with its own practice, an urgent and popular transition has begun from the search for an effective model of dispute resolution to the study of empirics of dispute resolution, which is characterized by pronounced legal nihilism in part of its territory.

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

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