Perjanjian Kerjasama Antar Pelaku Usaha dengan Pihak Pemerintah yang Penyelesaiannya Melalui Badan Arbitrase Nasional Indonesia (BANI) Medan (Studi di Kota Medan)

Abstract

A dispute resolution process that tends to be slow will risk creating greater losses for the business actors involved in the dispute. Business people certainly choose a resolution path that is simple, fast, flexible and efficient as well as dispute resolution that is a win-win solution, namely satisfaction and a sense of justice for the parties, so that it will result in a final decision, the relationship and business credibility between the parties remains intact. awake even though there has been a dispute. The formulation of the problem in this thesis research is what the form of cooperation agreement between business actors and the government is, what is the legal protection for the parties in resolving business disputes through arbitration bodies, what is the process of resolving business disputes at the Indonesian National Arbitration Board in Medan. The research method used is a normative legal research method supported by empirical juridical data. The types of data for this research are primary data and secondary data and are arranged systematically and analyzed qualitatively and draw conclusions deductively. From the research results, it can be seen that the form of cooperation agreement between business actors and the government is in the form of a uni price (more for goods procurement activities), in the form of a Lansam (a continuous work process), in the form of a single year (valid for a period of time which is usually due to the budget). region or country) and in the form of multi years (valid for a period of time which is usually due to the state budget. Legal protection for the parties in resolving business disputes through arbitration bodies is determined in the contents of the agreed agreement. Legal protection that exists outside the agreement is contained in Article 1338 of the Civil Code that all agreements that are made legally can apply as law for those who make them. The process of resolving business disputes at the Indonesian National Arbitration Board in Medan is basically no different from the process of examining disputes through courts in general, but the structure in terms of institutional structure, There are very different differences between arbitration and court. The implementation of the arbitration award is carried out voluntarily and if the parties are not willing to fulfill the implementation of the arbitration award voluntarily, the arbitration award can be implemented by force. The legal force of the arbitration institution's decision on the parties to the dispute is binding and must be implemented by the parties voluntarily.