Penyelesaian Sengketa Antara PT. Seaworld Indonesia Dengan PT. Pembangunan Jaya Ancol Tbk dan Badan Arbitrase Nasional Indonesia Dalam Perkara No. 513 BANI, 305/PDT.G/BANI/2014/PN.JKT.UTR dan 425b/PDT.SUS-ARBT/2016

Hasjim, M. Reza (2020) Penyelesaian Sengketa Antara PT. Seaworld Indonesia Dengan PT. Pembangunan Jaya Ancol Tbk dan Badan Arbitrase Nasional Indonesia Dalam Perkara No. 513 BANI, 305/PDT.G/BANI/2014/PN.JKT.UTR dan 425b/PDT.SUS-ARBT/2016. Other thesis, Universitas Islam Riau.

Text 161010090.pdf - Submitted Version Download (3MB)

Abstract

Build, Operate, and Transfer (B.O.T) Agreement is the use of state property in the form of land by another party by constructing buildings and facilities and their facilities, then using these other parties within a certain agreed period of time to return the land and buildings and / or facilities The following facilities after the expiration of the period. Problems that occur between PT. Seaworld Indonesia with PT. Pembangunan Jaya Ancol is the difference in interpretation of the option to extend the Build, Operate, and Transfer Agreement. The dispute was brought to the Indonesian National Arbitration Board, then continued at the North Jakarta District Court, to the Supreme Court. In this research, the authors raised two problem formulations, namely What Are the Basis for the Judgment of the North Jakarta District Court and What are the Considerations of the Supreme Court Judge and Legal Consequences. The research method used in this study is Normative Law (normative research), which is a type of research that studies document studies, namely using various secondary data such as statutory regulations, court rulings, legal theories, and opinions of scholars. In this study, the method of drawing conclusions used is the Deductive method, which is to find and find the correlation of data obtained from research in the form of decisions with the theoretical basis that can provide a constructive picture of the problem under study. The results of the study and discussion that in this study, the basic consideration of the North Jakarta District Court Judges in canceling the arbitration award is that the Judge found facts in the proof process that there was an affiliation relationship between the Expert and the Arbitrator which caused distrust and suspicion from one of the parties, while the basic consideration The Supreme Court Judge in granting the appeal is that the Judge assesses that there is no proven working relationship between the Expert and the Arbitrator, and the Judge is of the opinion that the Expert's statement is not binding on the Arbitrator assembly, so it is not strong enough to prove the existence of a ruse by one of the parties. The legal consequences of various legal remedies from Arbitration, Cancellation of Arbitration award to Cassation, continue to return to the legal consequences of the original arbitration award, which means that PT. Seaworld must return the Seaworld vehicle assets to PT. Ancol and all supporting facilities.

Actions (login required)

View Item