PROSPEK ARBITRASE ONLINE DI INDONESIA (Suatu Kajian Terhadap Undang-Undang Nomor 30 Tahun 1999 Tentang Arbitrase dan Alternatif Penyelesaian Sengketa)

SRI WIRAWAN, MAHESA (2008) PROSPEK ARBITRASE ONLINE DI INDONESIA (Suatu Kajian Terhadap Undang-Undang Nomor 30 Tahun 1999 Tentang Arbitrase dan Alternatif Penyelesaian Sengketa). Other thesis, University of Muhammadiyah Malang.

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Abstract

Alternative dispute resolution could be conducted by two methods, litigation and non-litigation. One kind of such alternative dispute resolution is arbitration, which this method could be an answer to any weaknesses when someone take litigation method or court. Due to the high development of present technology, nowadays there is an application which take advantages from internet technology, which called as online arbitration. The purpose of this research is to know online arbitration analyses based on Law No.30 / 1999 about Arbitration and alternative dispute resolution. Besides, its purpose is to know online arbitration’s capability for becoming alternative dispute resolution method in this digital era. Research method which applied in this thesis is qualitative descriptive method. In this case, author make analyses to written rules or regulations where the author intend to identify Law Number 30 / 1999 about Arbitration and Alternative Dispute Resolution and make an analyses about how the online arbitration application opportunity in Indonesia based on that rule. Based on research and analyses which done by the author, it can be concluded that Law No.30 / 1999 as a rule of arbitration law in Indonesia already give sufficient space for online arbitration method in Indonesia. The content of articles such as article 31 no 1, article 4 no 3, and article 36 ayat 1 emphasizes this conclusion. Besides, Arbitration Regulations give the parties to decide which method could be used in their dispute as long as the methods is not against the regulations, which meant Law No. 30 / 1999. But despite that, it’s is hugely necessary to regulate more specific new regulation or law which gives rule about the technical of online arbitration and to achieve the legal certainity. Arbitration Online Method are enabled to become alternative dispute resolution method for the people who has the facility to conduct arbitration that use online method. The facilities are computer and internet access which it is very necessary to have certain and specific knowledge to operate it, as high and middle social status has. If low social status people use the method, certainly there would be a problem because of the lack of technology knowledge and the lack of technology facility availability. Thereby, it could be concluded that despite problems in online arbitration method application, but the possibility and opportunity of online arbitration still abide. It is because of the factors such as government’s intention to make new internet regulation and the fast technology development which can support online arbitration effectiveness.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Rayi Tegar Pamungkas
Date Deposited: 14 Jun 2012 03:53
Last Modified: 14 Jun 2012 03:53
URI: http://eprints.umm.ac.id/id/eprint/7768

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