Case Analysis Of Pt. Lekom Maras Pangabuan Against The Indonesian National Arbitration Board And Pt. Pertamina Based On Law Number 30 Of 1999 Concerning Arbitration And Alternative Dispute Resolution

Abstract

This legal writing discusses the resolution of disputes between PT. Lekom Maras Pangabuan Against the Indonesian National Arbitration Agency and PT. Pertamina Based on Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In writing this law, it uses a type of normative legal research, with a statutory approach and a case approach. The legal materials used are primary legal materials, namely Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Results of this research. Unlawful Acts committed by PT Pertamina EP as the Defendant after being analyzed through Supreme Court decision No. 681 K/PDT/2014 is not proven and if we look at Law Number 30 of 1999, the action of the South Jakarta District Court in overriding the arbitration clause cannot be justified, because clearly in the Arbitration Law in Article 3 it states "if the parties have bound by an arbitration agreement, the District Court has no authority to adjudicate." Then, if you look at Law Number 30 of 1999, the case that occurred between the two parties is a dispute that falls within the authority of arbitration, namely in the trade sector, the parties also agreed to resolve the dispute through arbitration before the dispute occurred. Because since the parties entered into an arbitration agreement, the parties are absolutely bound