Yanis, Muhammad (2025) Disparitas Putusan Pengadilan terhadap Kategori Tipu Muslihat sebagai Salah Satu Alasan dalam Pembatalan Putusan Badan Arbitrase Nasional Indonesia. Masters thesis, Universitas Islam Riau.

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Abstract

Disparity in court decisions usually occurs more often in the criminal justice system, among other things, it can be caused by the existence of the lowest legal threat and the highest legal threat, so that judges are more flexible in making decisions based on the facts in the trial and other factors. However, disparity is also prone to occur in the civil justice system, including in cases of annulment of arbitration decisions due to alleged acts of "trickery" as regulated in Article 70 letter (c) of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This is certainly contrary to the principles of justice, legal certainty and equality before the law. This thesis raises two main issues, namely how the disparity in judges' decisions in decisions that are the object of research, and how the appropriate legal construction is to prevent disparity in decisions in the same main issues. The research method used is normative legal research, namely the study of document studies, specifically decision Number 317 / Pdt.G / 2021 / PN.Btm, decision Number: 996 B / Pdt.Sus-Arbt / 2022, Decision Number: 305 / Pdt.G / BANI / 2014 / PN. Jkt.Utr and Decision Number 357 / Pdt.Sus / Arbt / 2020 / PN.JAK.Sel. From the results of the discussion, it can be concluded that there is a disparity in court decisions as the object of this research, which occurs due to the absence of detailed guidelines for judges, the tendency of judges to focus more on their personal subjectivity in legal discovery (rechtvinding), weak in considering jurisprudence as a basis for making decisions on similar cases, and the responsibility of the legal system to the development of global law. The right legal construction to prevent disparities in decisions is to understand the paradigm of the Indonesian legal system comprehensively, the responsibility of the Indonesian legal system to international arbitration law, carry out more detailed legal codification of formal and material law, and enforce jurisprudence as a precedent decision.

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