Karakter Ordinary Court Pengadilan Niaga Dalam Mengadili Sengketa Pailit Yang Berasal Dari Perjanjian Yang Berklausa Arbitrase

Pasaribu, Bangun Victor Halomoan (2022) Karakter Ordinary Court Pengadilan Niaga Dalam Mengadili Sengketa Pailit Yang Berasal Dari Perjanjian Yang Berklausa Arbitrase. Other thesis, Universitas Islam Riau.

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Abstract

Arbitration according to the provisions of Article 1 point 1 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution is a way of settling a civil dispute outside the general court based on an arbitration agreement or arbitration clause made in writing by the parties to the dispute. As for the Arbitration institution, according to the provisions of Article 1 point 7 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, is a body chosen by the disputing parties to give a decision regarding a particular dispute, the institution can also provide a binding opinion regarding a legal relationship. In the event that a dispute has not arisen, the agreement to resolve the dispute through an arbitration institution is usually already stated in a previously agreed cooperation agreement, so that when a dispute/conflict or dispute occurs, the settlement process automatically based on the contents of the agreement is through an arbitration institution. Based on the above background, the main problem in writing this thesis is how is the character of the Ordinary Court of the Commercial Court in adjudicating a bankruptcy dispute originating from an agreement with an arbitration clause and how is the legal certainty of an agreement containing an arbitration clause for a debt that has matured? and tried on the basis of a bankruptcy petition at the Commercial Court. This type of research is an empirical normative law research, this is intended so that researchers as far as possible can find out what is a measuring tool in discussing this research, so that they can find a speck of the truth of the objectives in this study. According to Bagir Manan, basically, Empirical Normative research is a combination of normative legal approaches with the addition of various empirical/sociological elements. Empirical normative legal research methods regarding the implementation of normative legal provisions (laws) in their actions in every particular legal event that occurs in a society. The character of the Ordinary Court of the Commercial Court in Adjudicating Bankrupt Disputes Originating from an Agreement with an Arbitration Clause that the Commercial Court is authorized to adjudicate disputes with an arbitration clause, as long as the debtor does not pay off at least one debt that has matured and is collectible (Article 2 of the UUK). Legal certainty of an agreement containing an Arbitration Clause on a debt that has matured is examined and tried based on a bankruptcy petition at the Commercial Court that Article 303 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK PKPU) contains legal dualism so that Legal experts are still in disagreement about bankruptcy cases with arbitration clauses.

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