Urgensi Keberadaan Arbitrase di Kalangan Dunia Usaha di Kotamadya Medan

Abstract

The institute of arbitration is an alternative institute of disputes resolution for businessmen in private/commerce sectors. The businessmen, however, are not accustomed to use the institute of arbitration in settling them business dispute. This research is intended to find out the existence of the institute of arbitration, that is from the making arbitration clause until trying to settle business disputes through an arbitration. In addition, this research is also expected to find out the most favorite forms an arbitral tribunal and them constrained in the use of the arbitration institute in settling disputes of Medan Municipality businessmen. This is an analytic description research, by using the approach of sociology juridical. The research was conducted in Chambers of Commerce of Medan Municipality, which has 954 businessmen members. The total respondent were 50 businessmen such as: 40 privates, 5 BUMN/BUMD, and 5 koperasi, and with selected by purposive sampling. Primary data is gathered directly through interviews and library study. The data obtained were analyzed by using qualitative juridical. The results of the research show, that most of the businessmen have known the institute of arbitration, but they do not understand about it, so the institute of arbitration has not been a primarily chosen in settling their business dispute. Institutional of Arbitration Board is the most favorite form of the institute of arbitration for all businessmen, the reason that the institutional of arbitration board has provided arbitrators to settle business dispute. Lack of understanding among businessmen about the institute of arbitration, lex arbitrase has been out of date, and lack of professional arbitrators are the prominent factors, that make businessmen do not use arbitrations service to settle them business dispute. There are some parties to popularize the institute of arbitration in some ways, namely: to give more understanding about laws and regulations, to hold seminar concerning with arbitration, to publish it in media mass, and to issue bulletins about it. Eventually, the existence of the new Arbitration Acts are supposed to make optimum use of the· institute of arbitration in order to get the optimum result on the settlemen of business dispute among businessmen in Medan Municipality.