The Implementation of The Pacta Sunt Servanda Principle to Annul The Arbitration Award By Court
Journal Title: International Journal of Social Science And Human Research - Year 2022, Vol 5, Issue 07
Abstract
Settlement of disputes through arbitration is based on a written agreement that has been agreed upon by the parties. The agreement is valid and binding based on Article 1338 of the Civil Code, which contains the pacta sunt servanda principle and excludes third parties from interfering in the settlement. However, regarding the arbitration award, it may be filed for annulment to the court. With the submission to the district court, there is third-party intervention in settling disputes. This research used a normative juridical approach with descriptive-analytical research specifications. The sources and types of data used were secondary data collected through the literature, which was then analyzed descriptively-qualitatively. The research results showed that in the annulment of the arbitration award, the pacta sunt servanda principle was still upheld with the limitation of the court's authority only to declare the annulment and was not authorized to take action to adjudicate itself. Thus, the pacta sunt servanda principle remained valid because the arbitration institution still carried out the settlement following the agreed agreement.
Authors and Affiliations
Husni Kurniawati, Yunanto
Keywords
Related Articles
- EP ID EP706241
- DOI 10.47191/ijsshr/v5-i7-01
- Views 71
- Downloads 0
The Influence of Motives for Media Use, News Selection, and Attractiveness Level of Online Media on Reader Engagement
Efforts to increase online media traffic can be realized by increasing reader engagement. The high frequency and intensity of readers and interactions in reading news online, such as commenting and sharing the article, i...
AUKUS Pact in the Perspective of Security Dilemma
Indo-Pacific is one of strategic region with complex political interest because of huge area and many involved country including major countries such as China and United States. The increase of China’s power in the regio...
Constraints by the Public Prosecutor in Proving Aspects of Criminal Liability for Narcotics Criminals with Undercover Buy Techniques
Narcotics crime is one of the extraordinary crimes. In addition to the negative impact it causes, the disclosure of narcotics crimes is not easy because it is transnational in nature, is carried out in secret, organized,...
The Effect of Social Media Marketing on Consumer Engagement and Electronic Word-Of-Mouth
This study aims to analyze the role of consumer engagement in mediating the influence of social media marketing on electronic word of mouth. Data was collected by distributing questionnaires with a total of 14 statement...
Expressive Speech Has a Legal Impact on Social Media of Banyumas People
This study aims to describe the results of forensic linguistic analysis of speech that has the potential to have a legal impact derived from the social media of the Banyumas community. This study uses a qualitative desc...