Indonesia Conference Directory

Corresponding Author
JASMANIAR JASMANIAR

Institutions
PhD Program, Faculty Of Law of HASANUDDIN UNIVERSITY

Abstract
Litigation or arbitration are not still be the best options for dispute settlement. Settlement through court needs more time, cost, and has a bad influence towards the relationship between the parties for a long term condition. On the other hand, through an arbitration also requires a highly cost. In contrast with meditaion, it can be reducing the cost and time in dispute settlement, and also maintaining the relationship between all parties. A good faith of disputing parties is the importance of mediation. The aim of this study are identifying the criterias of a good faith in mediation and sanctions of violators. This is a normative legal research, use a secondary data and qualitative analysis to answer the question.

Keywords
good faith, mediation, settlement dispute, bussiness dispute

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/jMKEyuQNP27T

Corresponding Author
Herliana Herliana

Institutions
Faculty of Law
Gadjah Mada University, Indonesia

Abstract
It is often maintained that innovation in financial sector is a reaction to an economically inefficient framework. However, no such reaction has yet occurred to the way in which financial services disputes are resolved. The finance sector has not embraced arbitration in the same way as other sectors, such as energy, insurance and shipping. The finance sector has acknowledged the increasing prevalence of arbitration as a means of dispute resolution by creating initiatives to encourage, and set rules for, arbitration within the sector. Unlike other sectors that rely heavily on arbitration, disputes in the world of finance have been settled through recourse to national courts of major financial center. The way financial and banking disputes are treated by courts are far from ideal. Judges are not trained to resolve financial disputes. The lack of necessary financial knowledge and technical capacities hinder their jobs to efficiently and structurally render judgments. The question that arise at this point is whether such expertise can be found in arbitral tribunals as an alternative to courtroom litigation. This paper will discuss whether advantages in arbitration be exercised and taken advantage to resolve financial service disputes. In addition, this paper will also analyze the effect of the lack of binding precedents in arbitration. This is because it generates significant concerns for banks and institutional investors that could be faced with arbitrating the same issue multiple times against different counterparties without the point at issue ever being resolved. A recent report suggests that awareness of commercial international arbitration within the banking and finance sector remains limited. The report highlights the untapped potential of international arbitration in financial disputes, and provides recommendations as to where greater use of it could be made. It would appear that awareness has increased, with a more recent survey indicating that those in the finance sector are more interested in arbitration than ever before. Research will be conducted through journals and literatures

Keywords
Arbitration, Banking,

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/4R8zATLDeKQf

Corresponding Author
Winner Sitorus

Institutions
Faculty of Law Hasanuddin University

Abstract
Resolving business disputes requires quick and confidential resolution. Today, in addition to developing business dispute resolution through conventional alternative dispute resolution, dispute resolution has also been developed through online media. In Indonesia, the new Online Dispute Resolution is in the stage of introduction and socialization. This article tries to analyze indicators that can support and hinder the use of Online Dispute Resolution as a business dispute resolution in Indonesia. The indicators used are legal, psychological, economic, and social indicators. Based on the existing indicators will be given a solution to solve the problem.

Keywords
business disputes, dispute resolution, online

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/kXxWZv69uKB4

Corresponding Author
Fadilla Jamila

Institutions
Lecturer Asisstant, Law Faculty Hasanuddin University
fadillajamila[at]gmail.com

Abstract
Investor-State Dispute Settlement or known as ISDS is a settlement dispute system in the field of investment law which allows an investor to directly sue the host state before an arbitration tribunal. However, along the journey it has raised some controversial issues. This paper aimed to find out the weaknesses of the ISDS system and to analyse the proposed alternative solution to encounter the current system. The author used literature research to collect reliable and relevant information and data related to the concern topic. According to the research, the author found that the issues faced by ISDS consists of the lack of transparency, inconsistent decisions, issue on arbitrator-s independency and accountability, and it has been accused to impugn the host state-s sovereign right to regulate. The idea to find alternative for this settlement is raised in the form of World Investment Court (WIC). WIC is expected to bring reformation on the weaknesses of the current ISDS system and it is designed to have appeal mechanism, as the WTO Appellate Body, in order to correct error that may have taken in the first attempt and ensure that the court present the fair and correct decisions for both parties.

Keywords
Investment, ISDS, World Investment Court

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/efVTvBJgyM6z

Corresponding Author
Hadi Tuasikal

Institutions
PhD Program, Faculty of Law Hasanuddin University

Abstract
In the prevention of sexual crimes, it has been identified several constraints in tackling adolescent sexual crime. The objective of this research is to identify obstacles faced by the Police of the State of the Republic of Indonesia and the Adat Community Council of West Papua in the prevention of crimes of sexual on among teenagers in West Papua. The type of research is normative-empirical. It apples statute approach. The data will be analysed qualitatively to solve the the main problems of adolescent sexual crime.

Keywords
Combating Adolescent Sexual Crime, Adat Community Council of West Papua, police

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/gMCjGDmrJb2R

Corresponding Author
Sentosa Sembiring

Institutions
Lecturer Faculty of Law Parahyangan Catholic University (UNPAR) Bandung

Abstract
In the investment law literature explained, in general investors choose an arbitration institution as a place to resolve investment disputes. Based on the reason that investors do not know in detail about the court system in the country where he is investing. Arbitration institutions are chosen assuming these institutions are independent. In Indonesia the Arbitration Institution is regulated in Law Number 30 of 1999 Concerning Arbitration and Alternative Dispute Resolution. In the legal system in Indonesia, investment disputes provide an alternative for investors in determining the choice of where to resolve investment disputes. In Law Number 25 Year 2007 Concerning Investment, explicitly explained the arbitration institution as an institution for resolving investment disputes between the state and investors. When viewed normatively, investment dispute resolution is not an obstacle. However, if the provisions of the arbitration law are further studied, it can cause uncertainty for investors in implementing the arbitration decision, because it does not necessarily allow for an arbitration decision. There must be approval from the Supreme Court. This certainly can lead to legal uncertainty for investors in carrying out investment.

Keywords
Arbitration, Investment dispute, Legal certainty

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/rFEgPhvV7kjC

Corresponding Author
Andi Suriyaman Mustari Pide

Institutions
Faculty of Law Hasanuddin University

Abstract
The study aimde to know how the existence of local wisdom values of customary law community has been able to become a solution in solving the land matters lawsuit by non-litigation approach. Type of this research was a descriptive-analytical by revealing the social reality, a law phenomenon, concerning the existence of local wisdom of function in order to solve various-conflict. To find information about fact and case was carried out research of several informants (formal and informal leaders and functionaries-law) in related to the existence of local wisdom on their communities. The objective of this research, hence focused on communities whose the values of customary law still adhered together with constancy of local wisdom. Research done by revealing onformation of factual condition of customary law where had been occurred the process of deulayatitation in regarding to rightful authority of land. The visible problem was overlapping between the standing-right of ulayat and the presence of land matters regulation for regulating rightful authority of land. Inexplicit of law certainty about rightful of land, absolutely, implicated to vertical conflict between community and government also triggered to horizontal conflict among local communities on arrogating the land matters. Thus, a policy was required to bring about the sentiment of communities in oreder to to feel secured and protected by. This study analyzed how local wisdom values within solving several conflicts, particularly land matters conflict. Not understood of positive law caused non-litigation approach basis local wisdom became option within solving of conflicts.

Keywords
customary law, land matters regulation, non-litigation, local wisdom, rightful protection of land

Topic
Investment and Settlement Disputes

Link: https://ifory.id/abstract/LDFRqgYnTvGr