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Posts Tagged ‘Dispute’

Dispute Resolution at the Industrial Relations Court in Indonesia

Dispute Resolution at the Industrial Relations Court in Indonesia

It is likely such a common trend in Indonesia that the industrial relations court bring out conflict instead of accord between companies and employees. If the issue continues to happen, both parties are subjected to financial disadvantage. There is no perfect way other than diminishing the disputes. Hence, an intensive dialogue accenting mutual understanding between…

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HOW TO RESOLVE ENVIRONMENTAL DISPUTE IN INDONESIAN LAW

how-to-resolve-environmental-dispute-in-indonesian-law

“Environmental dispute settlement can be reached through the Court or out of Court” In some cases related to environmental dispute, Corporations are the most dominant subject as the perperator of the decreasing environmental quality in particular region or community. This condition cannot be separated from the corporation’s activity in exploiting large amount of natural recources…

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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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Solve your land disputes through mediation mechanism!

“Mediation in the local land office is a way of dispute resolution that can be done before deciding to bring the existing problems to the court.” Settlement of the cases related to civil disputes, is generally pursued through the courts. The process is certainly time-consuming and costly. Actually, there is another settlement path which is…

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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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