scholarly journals HUKUM PERDATA INTERNASIONAL INDONESIA BIDANG HUKUM KELUARGA (FAMILY LAW) DALAM MENJAWAB KEBUTUHAN GLOBAL

2018 ◽  
Vol 12 (1) ◽  
pp. 1987-2001
Author(s):  
Derita Prapti Rahayu
Keyword(s):  
International Relations ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Family Law ◽  
District Court ◽  
Private Law ◽  
Legal Systems ◽  
International Private Law ◽  
The World ◽  
The Republic

In the current era of globalization and internationalization where economic, social and cultural developments have caused international relations to be infinite which can lead to civil disputes which give rise to the meeting of legal systems of countries in the world that have their own characteristics related to International Private Law. Hopefully there will not be many problems that arise if disputes over different citizenship civilizations are resolved through Alternative dispute resolution. Although when the Al forum decision on alternative dispute resolution was not carried out voluntarily by the parties affected by the execution, the execution of such decisions became the competence of the district court. Especially if the arbitration forum ruling was dropped outside Indonesia, then when the decision is to obtain recognition and execution within the jurisdiction of the Republic of Indonesia, the decision must first obtain an exequature from the Chair of the Central Jakarta District. Court. But the situation will be different if the dispute is not resolved through Alternative dispute resolution but is left to the court authorities to resolve it, it will be different.

scholarly journals PERAN PENGADILAN NEGERI INDONESIA DALAM PENYELESAIAN SENGKETA TRANSAKSI ELEKTRONIK INTERNASIONAL

2018 ◽  
Vol 26 (1) ◽  
pp. 40
Author(s):  
Isdiyana Kusuma Ayu
Keyword(s):  
Dispute Resolution ◽  
International Business ◽  
District Court ◽  
The Internet ◽  
Private Law ◽  
District Courts ◽  
Business Transactions ◽  
Electronic Transactions ◽  
International Private Law ◽  
Sense Of Justice

Electronic transactions or E-commerce are buying and selling transactions carried out through the internet. As a result of over the internet, the nature of e-commerce can be done without knowing the borders. When a default or fraud occurs in e-commerce conducted by one of the parties who are abroad, it must pay attention to the principle of International Private Law related to the Court forum, Arbitration, or other dispute resolution institutions. That means that it is necessary to pay attention to the basic arrangements for dispute resolution of international business transactions that have been regulated in Indonesia and the authority of the Indonesian District Court in resolving international electronic transaction disputes. In the juridical perspective as the basis for solving electronic transaction cases to be legal strengthening takes a sense of justice so that it can be seen that the basis of international e-commerce arrangements in accordance with Article 18 Paragraph (4) of the ITE Law. District Courts has a role to be the main and complementary institution in dispute resolution international electronic transactions.

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 The Paradoxical Use of the Term Sulh: An Analytical Study from Quranic Perspective

2020 ◽  
Vol 16 (1) ◽  
pp. 1-14
Author(s):  
Muhammad Rafiqul Hoque ◽  
Muhammad Mustaqim Mohd Zarif
Keyword(s):  
Qualitative Study ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Analytical Study ◽  
Judicial System ◽  
The West ◽  
The World ◽  
History Of ◽  
Two Sides

Dispute resolution systems are broadly divided into two sides namely Judicial Dispute Resolution (JDRS) and Non-Judicial Dispute Resolution Systems (NJDRS). The first one is more formal, and the latter is informal which is known as Alternative Dispute Resolution (ADR) all over the world. Though ADR is claimed to be a great innovation of the West, it is found to be practiced in the Islamic Judicial System from its very inception. ADR was practiced throughout the history of Islamic Judiciary as sulh. However, the use of the word sulh in the meaning of ADR needs to be explained in the present judicial context. Scholars sometimes discussed sulh as a system parallel to ADR and sometimes as a process, which creates confusion in its multiuse. Hence, this study aims at eliminating this confusion on the paradoxical use of the term sulh as a system for dispute resolution as well as a process of that system. At present, hardly any study has precisely differentiated between them. Thus, this qualitative study focuses on discussing it primarily from the perspectives of the Quran, documented sources as well as interviews. The major finding of this study is that sulh, comparing with present day ADR, does not need to be used paradoxically. The main contribution of the study is to propose a clarification of sulh in the line of ADR fruitfully. The findings of this study are not only useful in clarifying the exact meanings of the term as used in different contexts but also applicable to solve problems faced by arbitrators involved in various indigenous traditional dispute resolution systems such as shalish in Bangladesh and elsewhere.

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.

3. Alternative Dispute Resolution in Family Law

2018 ◽  
Author(s):  
Jane Sendall
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Family Law ◽  
Collaborative Law

This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including Alternative Dispute Resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It also briefly considers a recent development in family ADR: arbitration.

3. Alternative Dispute Resolution in Family Law

2019 ◽  
pp. 25-35
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Family Law ◽  
Collaborative Law

This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including alternative dispute resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It outlines MIAMs (mediation information and assessment meetings) and their importance prior to issuing proceedings. It also discusses the various steps of collaborative law. It also briefly considers a recent development in family ADR: arbitration.

3. Alternative Dispute Resolution in Family Law

Family Law ◽  
2020 ◽  
pp. 25-35
Author(s):  
Roiya Hodgson
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Family Law ◽  
Collaborative Law

This chapter first discusses the methods by which a family lawyer may resolve family law disputes, including alternative dispute resolution (ADR). It then reviews the various forms of negotiation that a family lawyer may undertake. These include settlement between clients, negotiation through correspondence, meeting between counsel, and at-court negotiation. Next, the chapter discusses mediation and collaborative law as different forms of ADR used in family law. It outlines MIAMs (mediation information and assessment meetings) and their importance prior to issuing proceedings. It also discusses the various steps of collaborative law. It also briefly considers a recent development in family ADR: arbitration.

scholarly journals Testing the Boundaries of Subnational Diplomacy: The International Climate Action of Local and Regional Governments

2015 ◽  
Vol 4 (2) ◽  
pp. 319-337 ◽  
Author(s):  
Joana Setzer
Keyword(s):  
International Relations ◽  
Foreign Affairs ◽  
Legal Capacity ◽  
Climate Regime ◽  
The World ◽  
Climate Action ◽  
International Climate ◽  
The Republic ◽  
Legal Frameworks ◽  
Regional Governments

AbstractSince the 1990s, a number of local and regional governments around the world have started to engage in a real international or ‘paradiplomatic’ climate agenda. While the multilevel governance approach has advanced the examination of the actors and levels involved in climate governance, there is within this body of literature a limited consideration of the legal capacity of non-state actors to act across scales. This article addresses this gap and examines the potential limitations imposed on subnational diplomacy by international and domestic legal orders. The article draws upon the example of Brazil where, despite constitutional limitations on the involvement of subnational governments in international relations, paradiplomacy has been termed ‘federative diplomacy’ and institutionalized within the Ministry of Foreign Affairs and within the Presidency of the Republic. The article shows that the diplomatic activity of local and regional governments is still constrained by international and domestic legal frameworks. If cities and regions are to help in addressing the inadequacies of the international climate regime, then domestic and international legal frameworks will need to further accommodate subnational diplomatic activities.

The Armenian Diaspora in Italy

2015 ◽  
Vol 95 (1-2) ◽  
pp. 277-299
Author(s):  
Enrico Ferri
Keyword(s):  
International Relations ◽  
Middle Eastern ◽  
The United States ◽  
Recent Book ◽  
Socialist Republic ◽  
Armenian Diaspora ◽  
The World ◽  
Armenian Identity ◽  
Fascist Regime ◽  
The Republic

Taking inspiration from some analytical paths in a recent book by Agop Manoukian—Presenza Armena in Italia. 1915-2000, Milano, Guerini e Associati, 2014)—the author traces some significant moments of the Armenian diaspora in Italy during the 20th century including its complex relations with socio-political Italy, in context with Middle Eastern and international relations, which during the World Wars also involves the United States. In particular, the author considers the relations of the Italian Armenian diaspora with the kingdom of Italy in the first instance and then with the fascist regime, during the period when racial laws involved the small Armenian community. Then the author focuses on the new realities of Republican Italy and the Socialist Republic of Armenia and the debate that developed during the second half of last century, between those who believed it possible to preserve the Armenian identity and those in the diaspora who supported a political initiative in favour of the re-conquest of Armenia’s historic lands. Particular attention is reserved for the genocide of 1915 and the new entity of the Republic of Armenia.

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