Efektifitas Arbitrase Sebagai Penyelesaian Sengketa Bisnis (Studi Penelitian di Kantor Arbitrase Medan)

Abstract

Arbitration, in his development by developed countries w ere chosen as the alternative to the resolution the effective disp ute and efficient because arbitration had the superiority among them short time, w as closed, the cheap cost of the arbiters w as as th e jury ch osen directly by the disp uting sides et cetera. Desp ite early of the introduction to arbitration in develop ing countries more was caused because less trust develop ed countries tow ards the p rotection and the assurance of the law in develop ing countries, but arbitration could bridge and take the role as the forum for the disp ute resolution outside the route litigasi available. In Indonesia p ersonally arbitration w as know n since the colonial time even in the good HIR agenda law , RBG and Rv to p lace arbitration as the forum for the disp ute resolution that could be chosen by the sides. Further the existence of arbitration in Indonesia exp erienced the fast grow th esp ecially after the establishment of the National Indonesian Arbitration body (BANI) by the Chamber Of Commerce and the Indonesian Industry (KADIN) as efforts to facilitate the p erp etrators of efforts in looking for the solution to the up p er law the activity of their business. Likew ise BANI pointed and erected BANI Medan Delegation as the p lace of the resolution of the business disp ute w as based on the arbitration clause in the Medan City. Although arbitration had various added value but his p roblem w as how the effectiveness of arbitration as the forum for the resolution of the business dispute in the Medan city. Afterw ards the other p roblem w as how p rep arationsdispute the judicature in undertaking the decision of arbitration w as two problems that the researcher suggested in the w riting of th is thesis. With the juridical approach normative the researcher tried to inventory various instruments of the law in this arbitration field that w as begun from the colonial p roduct of the time law of various international conventions and various instrument the national law like number regulations 30 in 1999 about Arbitration and the Alternative to the Dispute Resolution. By taking the location of the research in the Medan City that specially chose BANI Medan Delegation as the place of the location of this research the researcher tried to receive the data and information from several p eop le of the resp ondent and informen good that came from the management BANI Medan Delegation, the perpetrators of efforts and Medan ap p aratus of the Judicature Agency. After the data that w as received by the analysis researcher w ith the descrip tive ap p roach analytical that combined betw een the linear data and the data secondary w as gotten by the conclusion that th e existence of arbitration as the forum for the resolution of the business disp ute in th e Medan City w as still not it w as considered effective. This w as in p art caused by th e shortage of the understanding of the community of the p rocedure and the mechanism agenda law in arbitration, nearby still w as gotten by th e beh aviours of the negative from the perpetrators of efforts th at p laced the law as th e element th at unimp ortant in practice their business and therefore the legal resolution could be carried out by holding the approach betw een the businessman and the holder of the authority of the burreuacracy. From this conclusion th e researcher suggested that the p rocess of the socialisation must against the w ider community continue w as undertaken by BANI Medan Delegation to the Judicature Agency to be able to develop communication w ith BANI Medan Delegation for the sosialisation better would the imp ortance of arbitration as the forum for the resolution of the business dispute in the Medan City in facing the develop ment of the business in the free trade era today.