Path: Top Journal Jurnal Cakrawala Hukum 2013

LEBIH MEMBERDAYAKAN ARBITRASE UNTUK PENYELESAIAN SENGKETA BISNIS

Jurnal Cakrawala Hukum: Volume 18, Nomor 2, Desember 2013
Journal from JIPTUNMERPP / 2016-06-01 13:14:54
Oleh : Wika Yudha Shanty, Faculty of Law Merdeka University Malang
Dibuat : 2013-12-01, dengan file

Keyword : Arbitration, business conflict, justice and definite decision
Url : http://https://drive.google.com/file/d/0B0uNqoBLtJGvMkZKQzZwUEIyRE0/view?usp=sharing

On normative perspective, court upheld law based on the regulation and justice. Judicature was carried out
fast, simple and cheap. However, in practice, judicature process always spent much time because of the formal
procedure. From entering the case to court until decision or finding of court which got the law confirmation, it
always needed much time, complicated process, and much money. Especially for businessmen, case or long
conflict would inflict financial loss. In business world, special skill was needed to decide special conflict in
business world which was not always known by every judge, for example contract. To be able to investigate and
decide those kinds of conflicts completely, it was not enough only having knowledge about regulation as the
law principle. To make a business conflict completion reflected justice or it could be accepted by all parties, law
system gave alternative of conflict completion out of court. By this way, the burden of court was decreased and
more than that the completion which was the will meeting would not cause a new case. The character of
completion above became an alternative which had to be passed by all parties in conflict, especially business
conflict, to get the effective solution and to decrease or even to abolish conflict because of business.

Deskripsi Alternatif :

On normative perspective, court upheld law based on the regulation and justice. Judicature was carried out
fast, simple and cheap. However, in practice, judicature process always spent much time because of the formal
procedure. From entering the case to court until decision or finding of court which got the law confirmation, it
always needed much time, complicated process, and much money. Especially for businessmen, case or long
conflict would inflict financial loss. In business world, special skill was needed to decide special conflict in
business world which was not always known by every judge, for example contract. To be able to investigate and
decide those kinds of conflicts completely, it was not enough only having knowledge about regulation as the
law principle. To make a business conflict completion reflected justice or it could be accepted by all parties, law
system gave alternative of conflict completion out of court. By this way, the burden of court was decreased and
more than that the completion which was the will meeting would not cause a new case. The character of
completion above became an alternative which had to be passed by all parties in conflict, especially business
conflict, to get the effective solution and to decrease or even to abolish conflict because of business.

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PropertiNilai Properti
ID PublisherJIPTUNMERPP
OrganisasiF
Nama KontakDra. Wiwik Supriyanti, SS
AlamatJl. Terusan Halimun 11 B
KotaMalang
DaerahJawa Timur
NegaraIndonesia
Telepon0341-563504
Fax0341-563504
E-mail Administratorperpus@unmer.ac.id
E-mail CKOwsupriyanti@yahoo.com

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  • Editor: Wiwik Supriyanti, Dra. SS.