Penyelesaian Sengketa Bisnis Melalui Lembaga Arbitrase

Astiti, Nyoman adi; Tarantang, Jefry

doi:10.23971/jaq.v3i2.1179

Cited by 9 publications

(6 citation statements)

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“…1. Legal consequences for parties who default on the implementation of government agency procurement contracts According to Adi Astiti (2018), in the context of government procurement contracts, it can be challenging to determine whether an event can be classified as force majeure. The parties involved in the contract need to review the force majeure clause in the contract to understand its scope and limitations.…”

Section: Resultsmentioning

confidence: 99%

Procurement of Government Goods and Services in Surabaya City: A Juridical Analysis of Business Contracts

Prastya

Nasri

Guntoro

et al. 2023

J Legal, Brief, Legal Brief

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Effective procurement of goods and services in the Surabaya City Government area is essential to ensure that public funds are spent accountably and transparently. As such, there is an urgent need to examine the legal aspects of business contracts for the procurement of government goods and services in the city of Surabaya. The purpose of this study is to determine the factors that influence the occurrence of default by the Goods and Services Provider, as well as the responsibility of the regional head in the abuse of authority in the procurement of goods and services of local government. The research method uses normative juridical methods with a statutory approach and concept approach. The results of the findings in this study are that there are internal and external factors that make the occurrence of default where the agreement in an agreement is not implemented. Law Number 32 of 2004 concerning Regional Government for the implementation of legal liability of regional heads can be used as a guideline for the mechanism of legal liability of regional heads. The implementation of personal legal responsibility can be subject to article 3 of Law Number 31 of 1999 concerning Eradication of Corruption, as well as the return of state losses according to article 59 paragraph (2) of Law Number 1 of 2004 concerning State Treasury and article 18 letter b of Law Number 31 of 1999 concerning Eradication of Corruption. By shedding light on the legal framework that underpins procurement contracts in Surabaya, this study provides valuable insights for policymakers, public officials, and other stakeholders seeking to ensure the effective use of public funds in Surabaya City Government procurement.

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Section: Resultsmentioning

confidence: 99%

Procurement of Government Goods and Services in Surabaya City: A Juridical Analysis of Business Contracts

Prastya

Nasri

Guntoro

et al. 2023

J Legal, Brief, Legal Brief

View full text Add to dashboard Cite

show abstract

“…Other terminology that may be used include "choice of forum" or "choice of jurisdiction." Factum the compromitendo (an arbitration clause inserted in a written agreement established by the parties before a dispute emerges) and deed of compromise (a separate arbitration agreement formed by the parties after a disagreement arises) are the two types of arbitration agreements (Astiti & Tarantang, 2019).…”

Section: International Business Dispute Resolution Through Arbitrationmentioning

confidence: 99%

The Role of International Arbitration Institutions in Resolving Business Disputes Between Countries

Arsal

2024

ijlj

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Arbitration is an option that businesses frequently use to resolve conflicts. Arbitration, as an institution in the field of judicial proceedings outside of public courts, is a highly useful way of settling disputes or disagreements that arise in the fulfillment of agreements or contracts, particularly in both national and international private law. This arbitration organization is commonly utilized in commercial and investment transactions. In this research, the approach used is normative juridical, which evaluates and tests secondary facts in the form of positive law. This research is descriptive and analytical in nature. arbitration is a way of resolving a civil dispute outside the public courts based on an arbitration agreement made in writing by the parties to the dispute. Individuals or institutions can settle disputes through arbitration. Arbitration is increasingly being utilized to settle national and international commercial disputes. The role of international arbitration is facilitated by the existence of international arbitral institutions. These bodies include The London Court of International Arbiitration, The Court of Arbitation Of The International Chamber Of Commerce, The Arbitration Institute Of The Stockholm Chamber Of Commerce, and Indonesian National Arbitration Board.

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“…Applying the fair use defense in copyright dispute resolution can also incentivize parties to choose arbitration as a dispute resolution method. This incentive is given because arbitrators generally strive to produce decisions that embrace and benefit all disputing parties with a win-win approach (Astiti & Tarantang, 2018). Unlike dispute resolution through courts, in arbitration, the parties must make an arbitration agreement after a copyright dispute arises (acta compromise) as a prerequisite for submitting the dispute to the arbitration forum (Sulistianingsih & Prabowo, 2019).…”

Section: Penerapan Doktrin Fair Use Defense Dalam Penyelesaian Sengke...mentioning

confidence: 99%

Implementation of the Fair Use Defense Doctrine and Minimum Standards Principle in Copyright Dispute Settlement

Simbolon

2023

sjh

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This study aims to examine and analyze how disputes arising from copyright infringement can be resolved by applying the fair use defense doctrine in the copyright protection regime in Indonesia. This study uses normative legal research with the statute, conceptual, case, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that Indonesia must apply the doctrine of fair use defense as a mechanism in copyright dispute settlement. Despite its unfamiliarity in Indonesia, the fair use defense aligns with the principle of minimum standards and the FET principle regulated in the TRIPs Agreement. This agreement binds Indonesia under Law Number 7 of 1994. The proportionality of this doctrine has also been tested through legal findings by the U.S. Supreme Court, which is based on Section 107 of the U.S. Copyright Act. Therefore, it is recommended that the House of Representatives amend Law Number 28 of 2014 to include more specific clauses explaining what factors qualify as fair use. In addition to amending Law Number 28 of 2014, it is recommended that the Government or the Supreme Court establish implementing regulations for Law Number 28 of 2014 concerning factors that qualify as fair use of copyrighted works. On the other hand, researchers and academics are encouraged to conduct further research on applying the fair use defense doctrine. This research can also provide valuable recommendations for the Government and the House of Representatives in strengthening Indonesia’s legal framework and copyright protection regime.

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Penyelesaian Sengketa Bisnis Melalui Lembaga Arbitrase

Cited by 9 publications

References 0 publications

Procurement of Government Goods and Services in Surabaya City: A Juridical Analysis of Business Contracts

Procurement of Government Goods and Services in Surabaya City: A Juridical Analysis of Business Contracts

The Role of International Arbitration Institutions in Resolving Business Disputes Between Countries

Implementation of the Fair Use Defense Doctrine and Minimum Standards Principle in Copyright Dispute Settlement

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