Tinjauan Yuridis terhadap Putusan Mahkamah Agung yang Memperkuat Pembatalan Putusan Arbitrase Karena Unsur Tipu Muslhat pada Kasus Konstruksi Berdasarkan Undang-Undang Nomor 30 Tahun 1999 (Studi Kasus Terhadap Putusan Mahkamah Agung No. 441 B/Pdt.Sus-Arbt/2018)

Abstract

Law Number 30 of 1999 concering Arbitration and Alternative Dispute Resolution regulates the cancellation of arbitral awards. Article 70 states that the parties may apply for annulment if the arbitral award is suspected of containing elements of falsification of letters/documents, or found documents hidden by the opposing party or an award taken as a result of deception by one of the parties to the dispute. This thesis research is aimed at analysing the application of Article 70, legal considerations and legal consequences of the cancellation of arbitral awards in Supreme Court Decisions that strengthen the cancellation of arbitral awards because there are elements of deception in construction cases. The method of writing this thesis uses normative juridical legal research method using secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials collected by literature study method. The data analysis used is a qualitative data analysis method with deductive inference. The results of the study concluded that the cancellation of the arbitration award by the Palembang District Court assessed the abuse of circumstances by one of the parties in a construction case with one of the Panel of Arbitrators. The Supreme Court upheld the cancellation of the arbitration award with the consideration that there was an agreement defect that contained the birth of an element of abuse of circumstances so that it was considered to be in accordance with Article 70 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The Supreme Court decision in its judgement rejected the Palembang District Court's decision to resolve the construction case dispute to BADAPSKI. As a result, all rights and obligations arising from the arbitration decision are raised (considered never to have existed).