Keterlibatan Pengadilan dalam Proses Penyelesaian Sengketa Perdata Melalui Arbitrase

Abstract

In this era, business disputes resolution need to be done in informal procedure and be put in motion quckly. Arbitration as one of dispute resolution institution has some excellencess, for instance secrecy dispute , a relatively short time , the cost of relatively inexpensive , and provided more flexibility process on the parties and also arbitrators. On the other hand, this institution also has some weaknesses like problems in the recognition of foreign arbitral ruling and the execution of arbitration ruling still need court’s intervention in some cases. In fact, the parties on weak position tend to use the courts as an effort to evasive from an obligation or just buying time fulfillment of an obligation. This essay will discuss about the form of intervening of the courts to the arbitration disputes resolutions; and needs to know if arbitration as an institution outside court can positioned parallel to the judicial.Furthermore, this research includes normative law research , for the purpose of solving the issue of law and provide a prescriptive illustration. A source of research use primary law materials, secondary law materials , and non law materials. Moreover, data analysis uses the act statutory offense approach which is conduct a study on the legislative relevant to the discussed. The results of the study shows that the form of indonesian courts intervention in the process settlement by arbitration can be classified to interfere before the judicial arbitrage and after the judicial . Next, an arbitration verdict parallel and having legal force equal to judicial decisions because it is final and binding also have command execution.