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COMPARATIVE STUDY: PENGATURAN ASAS KETERTIBAN UMUM SEBAGAI DASAR PENOLAKAN PELAKSANAAN PUTUSAN ARBITRASE ASING DI INDONESIA, SINGAPURA, DAN TURKI

Farukhi, Anita Diar (2018) COMPARATIVE STUDY: PENGATURAN ASAS KETERTIBAN UMUM SEBAGAI DASAR PENOLAKAN PELAKSANAAN PUTUSAN ARBITRASE ASING DI INDONESIA, SINGAPURA, DAN TURKI. Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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Abstract

International trade makes some entrepreneurs choose arbitration abroad into a place of dispute resolution. However, the resulting foreign arbitration verdict can not necessarily be implemented in their respective countries, including Indonesia. One of the related reasons is the principle of public order. However, the general principles of public order abstract are feared will lead to widespread interpretation and will affect the openness of Indonesian law against foreign law. It is interesting to compare with Singapore as a fellow member of ASEAN and Turkey as a fellow developing country but rapidly in arbitration law as well as how the ideal concept of the principle of public order as the renewal of arbitration law in Indonesia. This study uses normative jurisdiction by analyzing various laws, concepts and related cases. The results of this study suggest that Indonesia, Singapore and Turkey have abstract equations that deal with the principle of public order. However, it has different application, in Indonesia the violation of the principle of public order is applied as a violation of the provisions of legislation. In Singapore the violation of public order is applied as a foreign arbitral award containing elements of illegality and fraud. While in Turkey, the violation of the whole institutions and regulations that determine the basic structure and protect the political interests of the political, social, moral and legal perspectives of the community. The ideal concept of the principle of public order in Indonesia is that not all foreign arbitration rulings can be said to violate public order if it is against Indonesian legislation, but only things that are detrimental to the nation at large.

Item Type: Thesis (Bachelors Degree (S1))
Additional Information: 201410110311280
Uncontrolled Keywords: Arbitration, Public Order, Non Exequtorial Foreign Arbitrations
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: Sulistyaningsih Sulistyaningsih
Date Deposited: 07 Jan 2019 07:24
Last Modified: 07 Jan 2019 07:24
URI : http://eprints.umm.ac.id/id/eprint/42998

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