Karya Ilmiah

TESIS (1426) - Prinsip Hukum Kontrak Dalam Pembatasan Intervensi Pihak Ketiga Dalam Sengketa Di Arbitrase

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The main issue in this research is about the limitation provisions in third
party intervention in arbitration according to Act No. 30 of 1999 on alternative
dispute settlement and arbitration.
The type of this research is legal research. In this research, three
approaches are employed, statute approach, conceptual approach, and case
approach. Statute approach is to understand whether limitation provisions in third
party intervention in accordance with the general principles of contract law.
Conceptual approach used to assess and analyze a framework or conceptual
framework and theoretical foundation for the enactment of rules concerning
restrictions on third-party intervention in arbitration. Case approach is to review
what legal steps can be taken by the third party.
From this research, it is found that the element of the agreement of the
parties to the dispute as a condition of a third party to intervene in the settlement
of disputes in arbitration is a condition / conditions that are contrary to the
principles of contract law, namely the principle that a treaty should not bring harm
to third parties as contained in the provisions of Article 1317 BW and the
principle of good faith as referred to in the provisions of Article 1338 BW.
Because of the presence of these elements, would pose a potential loss of the third
party concerned to participate in the process of proceedings, if the parties agreed
to not allow third parties to intervene. And there is no provision that specifically
about the legal efforts that can be taken by third parties under the provisions of
Act No. 30 of 1999. But the provisions in civil procedural law procedural law also
applies to arbitration, so that the aggrieved third party for the award which
violates the rights and interests may file a third-party opposition to the district
court, which will undertake the execution of the decision of arbitration tribunal.

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Ketersediaan

030943067

1426

Ruang Tesis

Tersedia namun tidak untuk dipinjamkan - Digudangkan

Informasi Detail

Judul Seri

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No. Panggil

1426

Penerbit

Surabaya : Fakultas Hukum Unair., 2011

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM KONTRAK

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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