Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)

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19 articles
Proceedings Article

Mediation as an Alternative to Underage Marriage Dispute Resolution

Mia Hadiati, Moody R. Syailendra, Luthfi Marfungah
Underage Marriage is a marriage conducted not in accordance with the provisions of Law No. 1 of 2974 concerning Marriage (Marriage Law). The Marriage Law regulates the age limit for carrying out marriages, namely Men Nineteen (19) Years and Women Sixteen (16) Years. There are many factors that cause...
Proceedings Article

The Use of Artificial Intelligence (AI) in Legal Framework for International Arbitration Practices in Indonesia

Flora P. Kalalo, Kathleen C. Pontoh
In the era of The Fourth (4.0) Industrial Revolution, cutting edge technology has made no boundaries between countries in international trade. Nowadays, the engagement between people can easily be done by touching screen. Nevertheless, it has potential to cause legal problems, that is why the resolution...
Proceedings Article

Legal Certainty Implementation of Arbitration Decisions in Indonesia

Hendri Jayadi
The establishment of an arbitration institution as an institution or forum for resolving disputes outside the court is not a result of people’s distrust of the current judiciary. In its development, the Arbitration Institution is not only a national issue, but it is seen from its historical development...
Proceedings Article

The Benefit Values of Settling Business Disputes by Means of Mediation in Indonesia

Mia Hadiati, Mariske Myeke Tampi
This article will discuss the benefit values of the settlement of business disputes namely business to consumer disputes (b to c) by means of mediation at Consumer Dispute Settlement Agency (BPSK) DKI Jakarta, one of the prominent province in Indonesia. The discussion of benefit values will be based...
Proceedings Article

Position of Arbitration Clause in Relation to Absolute Competence in Bankruptcy Disputes

Rahayu Hartini, A.A.A. Ngurah Tini Rusmini Gorda
During the validity of Law No. 37 of 2004 (2004-2013), out of 5 bankruptcy cases, all decisions stating that the Commercial Court is authorized to settle bankruptcy cases based on Article 303 of Law No. 37 of 2004 concerning Bankruptcy. Although the substance of Article 303 is contrary to the legal principle...
Proceedings Article

The Effectiveness of Mediation in Distribution of Inheritance Association Based on The Supreme Court Report 2016 to 2018

Muhammad Rizqi Fadhlillah, Tetty Hariyati
The number of Islamic inheritance disputes that enter the Court is increasing from year to year. This can be seen from the Supreme Court report data from 2017 to 2018. The number of disputes over Islamic inheritance shows that the mediation process has not been effective enough in resolving disputes...
Proceedings Article

Conflicts in the Management of Crude Oil Related to the Application of Law Number 22 of 2001 Concerning Oil and Natural Gas Against People’s Oil Mining in the Village of Wonocolo, Kecamatan Kedewan, Bojonegoro, East Java.

R. Rahaditya, Agoes Dariyo
Research conducted in order to find out the related cases of distillation and illegal sales of crude oil mining products in the Bojonegoro area remain in Wonocolo village, Kedewan District, Bojonegoro Regency, East Java. Whereas according to the mandate of the 1945 Constitution that all natural resources...
Proceedings Article

Meaning of Writing in “Arbitration Agreement”; Current Development

Gunawan Widjaja
”arbitration agreement”, in order to be enforceable must be made in writing. The “arbitration agreement” itself can be incorporated in the main agreement as arbitration clause, that made the main agreement must be made in writing; or specifically made in a form of a separate agreement from the main agreement....
Proceedings Article

Mediation as Toll to Settle Medical Disputes; Indonesian Case

Gunawan Widjaja
Health care, including medical services is very complex in practice. It involves many kinds of aspects, such as ethic, dicipline and legal issues, but it only has one objective. It aims for human health. It focuses on patient safety. Patient is the only concerned in health care. It is said that any intervention...
Proceedings Article

“Emergency Arbitration”; Comparative Analysis

Gunawan Widjaja, Andryawan, Victoria Regine Liando
In contractual relationships with respect to Business to Business (B2B) trade transactions, disputes that occur can be related to the object of the transactions, which may involve any kind of goods. Disputes in relation to the goods as object of disputes can take consequences that the goods may be damaged...
Proceedings Article

“Fast Track Arbitration”; Comparative Analysis

Gunawan Widjaja, Andryawan, Victoria Regine Liando
Arbitration at present takes a lot of time and costs, which may create more burden to the losing party. The basic principle of being fast and efficient is one of the requirements of arbitration. Instead of going through the arbitration process, disputes parties may take simpler way to settle their disputes...
Proceedings Article

“Online Arbitration”; Comparative Analysis

Gunawan Widjaja, Andryawan, Victoria Regine Liando
Advancement in technology must be used to benefit human life. On among the issues is that technology must be used to create more efficient and effective disputes resolutions through arbitration. Arbitration need to resolve the disputes in a faster and cheaper procedure. Nowadays, arbitration shall be...
Proceedings Article

The Urgency of Arbitration Clause in International Trade Contract of Electronic Transaction

Mohammad Zamroni
Technology of Information has shifted the type of international trade from complicated way under particular domestic and international regulations to more simple way. Electronic transaction (i.e., e-commerce), in fact, seems like denying jurisdictions that countries have. A citizen of a state may simply...
Proceedings Article

Amicable Settlement Through Mediation in Land Disputes

Benny Djaja
Land disputes has for long made up the majority of the cases numbered to enter the court. However, a lot of issues are yet to be solved with regards to both the available settlement procedures and the necessity for a specialized forum, as well as the quantity and quality mediators involving and the conflict...
Proceedings Article

The Review of Regulations Through Ministry of Law and Human Rights

Tundjung Herning Sitabuana, Ahmad Redi, Shella Felicia
Indonesia has identified itself as the state of law (rechtsstaat). The principle of the rule of law undoubtedly underlies the life of the state and nation by embodying hierarchical legal norms culminating in constitution. However, the inconsistency between the laws and regulations is inevitable in constitutional...
Proceedings Article

Fair Arbitration Decision for Parties to the Dispute Based on The Act Arbitration

Jeanne Darc Noviayanti Manik, Wirazilmustaan
The law governing the dispute material in arbitration and Alterntive Dispute Resolution is the law selected in the relevant commercial agreement that poses a dispute between the parties. In the event by the parties to the agreement not set forth on governing law, the parties freely elect the applicable...
Proceedings Article

The Effectiveness of Mediation in Divorce Case at Denpasar Religious Court

Mia Hadiati, Indah Siti Aprilia
Mediation as one of Alternative Dispute Resolution having the ascendcy in the Indonesian Legal System. This mediation was considered as a way of dispute resolution humane because the mechanism for decision making within the authority of the parties in dispute and maintaining good relation and fair because...
Proceedings Article

Alternative Dispute Resolution in Employment Dispute Completion Between Indonesian Companies With Foreign Workers

I Wayan Gde Wiryawan, Dewi Bunga
Globalization in various fields and the advancement of information technology have an impact in increasing the need for companies in Indonesia to employ foreign workers. Foreign workers are expected to provide technology transfer to local workers. The existence of foreign workers working in Indonesian...
Proceedings Article

Settlement of Policy Regulation Dispute Through Mediation

Rasji
Policy rules are regulations issued by the government based on discretionary authority. The aim is to provide a legal basis for the implementation of government tasks because statutory regulations do not regulate them. As a matter of fact, many policy regulations contradict the higher laws and regulations,...