Harmonisasi Prosedur Penyelesaian Sengketa Bisnis pada Bani dan Basyarnas

Abstract

One of the advantages of settlement through arbitration in comparison to court, the parties are free to determine which procedural law to be applied. In addition, in Indonesia there are national arbitration also a Sharia arbitration. The objective in this research is the first to examine the dispute settlement procedures of business through BANI and Basyarnas, both reviewing and analyzing comparison BANI business dispute settlement procedure and Basyarnas, third formulate a draft dispute settlement procedure based arbitration to the principles of justice and the Pancasila and the 1945 Constitution. The method used is a normative juridical research and supported juridical empiris. Based on the resultsof this research concludedthat theprocedure ofthe settlement ofbusiness disputesinBANIandBasyarnasneeds to be studied, analyzed andcompared with each other, as it alsoanalyzed usinglegislationregardingarbitration, international conventionsand institutions ofinternational arbitrationtoseekthe concept ofdispute resolution procedureswhichis based onjusticeand thePancasilaandthe 1945 Constitution.From the conceptis expected tobe taken into consideration, literaturematerialsonthe partiesin the context ofa businessdispute settlement procedureinBANIandBasyarnas.