Analisis Kekuatan Hukum Putusan Arbitrase dalam Penyelesaian Sengketa Bisnis dihubungkan dengan Peranan Pengadilan Negeri Selaku Eksekutor

Abstract

Technology and communication improvement has caused Economic activity is not hampered by national borders anymore. One country sovereignty on regulation economic system, politic and law will be lessen when another country’s economic interest is disturbed by it. Difference in understanding, disagreement, or conflict cannot be ignored until it is getting worsen ang have to be solved sooner in most satisfaction way for all parties. Business conflict solving usually classified info two different way, which are diplomatic way and using law institution. Conflict solving through ADR that most know and being people interest recently, is arbitration way. It felt by people related to commerce field as most beneficial way than using law institution, because guarantee the conflict situation secrecy by not publishing the decision result, and in other side the conflict can be solved in very short time. This research aimed to know the role of Pengadilan Negeri (Public Court Institution) in conducting national arbitration; to know the obstacles within arbitration process in Indonesia based on Regulation Number 30. 1999.

The method used is descriptive method that explain and describe Jaw force of arbitration’s decision in business conflict solving based on Regulation Number 30. 1999 related to the role of public Court Institution as executor then its various law sources.

The result shows that execution involved Public Court, which its status is ca he operates, influenced significantly by the existence of Public Court's Head, because arbitration decision can be applicated if the head command it.