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Posts Tagged ‘Default’

SMALL CLAIMS COURT (SIMPLE LAWSUIT) CAN BE APPLIED IN THE RELIGIOUS COURT

“Like the civil lawsuits at district court, nowadays the process of Islamic Economy case in the religious court could be completed within 25 working days since the first day of hearing.” Pursuant to the Supreme Court Regulation Number 14 of 2016 regarding Settlement Procedures of the Islamic Economy Case, Islamic economy case can be resolved…

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CHECK THIS OUT! Here are Stages in Handling Corporate Crime

Today, the crime mode is growing. A crime is not always committed by individuals, but also institutions, such as corporations. In response to this, a year ago, the Supreme Court (MA) issued Regulation Number. 13 Year 2016 on Procedures of Handling Criminal Acts by the Corporation. However, in reality the corporation is involved in various…

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HERE ARE TWO ALTERNATIVES EXECUTION OF PLEDGING OF SHARES

Before stepping on the practice of execution of pledge of shares, we should understand in advance the definition of lien and the stock itself. According to Article 1150 of the Civil Code, Pledge is “a right that is acquired by a creditor against to moving goods, bodied and bodiless given to him by the debtor…

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HOW TO DETERMINE THE BEST DISPUTE RESOLUTION FORUM IN THE AGREEMENT

It is known that the principle of freedom of contract (pacta sunt servada) in an agreement is stated in Article 1338 Book of Indonesian Civil Code. So, the parties that have agreed upon an agreement  are free to decide matters related to the deal, as long as  they are not contrary to law, norms that…

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ARE TORT CASES ABLE TO BE SOLVED THROUGH ARBITRATION ?

Basically, Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”) does not provide the limitation of the only tort cases that can be resolved through arbitration. So, in the event of a tort committed by one of the parties which were bound by a treaty binding, the dispute can certainly be…

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SHIFT POSITION BETWEEN INTERNATIONAL ARBITRAL AWARD AND NATIONAL ARBITRAL AWARD

Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”) adheres to the territorial principle in determining whether an arbitration award is included in the national or international arbitration ruling. In Article 1 point 9 of the Arbitration Law, it has been determined as follows: “The Decision of international arbitration is the…

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HOW TO APPLY FOR ANNULMENT OF ARBITRATION AWARD

Annulment of the arbitration award as stipulated in Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law“) is possible to be proposed by one of the parties of the case. Any party who would like to cancel the arbitration award, must submit the application before the district court. Although there is…

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ARE THERE REMEDIES FOR ANNULMENT OF ARBITRATION DECISIONS?

An annulment request  of arbitration decision are commonplace,  filed by the losing party in the arbitration case. In some cases, the annulment request is to delay the execution of the arbitration award. The annulment request must definitely be filed on the basis of reasons which have been determined in limited way, as prescribed in Article…

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RARELY KNOWN ADVANTAGES OF ARBITRATION

Based on the experience in handling arbitration cases, the advantages cannot frequently be obtained when the dispute resolution is resolved before the general courts. Those advantages are: From the Perspective of Legal Events, Arbitration Proceedings are More Flexible, But Still  in  Corridor of Existing Law. Basically procedures for settling disputes through arbitration, use the civil…

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