Alternative Dispute Resolution Dalam Sengketa Bisnis Internasional
)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: The importance of understanding international business contract law is because international business will involve more than one country so that the laws in these countries will also differ from one another. This will cause problems if there is a business dispute between two parties from different countries.
Purposes of the Research: Thus, this study aims to analyze dispute resolution, especially alternative dispute resolution in international business.
Methods of the Research: The research method used is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles.
Results of the Research: Choice of law is a consequence in an international business contract as a result of different legal rules in each country. Alternative dispute resolution is a method of dispute resolution that can be used in international business disputes. Arbitration, Mediation, Conciliation, Negotiation and Consultation can be used as initial options so that a solution can be obtained from the disputes faced before going through the litigation route which of course will be more time consuming and costly.
Keywords
DOI
10.47268/balobe.v2i1.767
Published
2022-04-17
How To Cite
@article{balobe767,
author = {Ronald Sopamena},
title = {Alternative Dispute Resolution Dalam Sengketa Bisnis Internasional},
journal = {Balobe Law Journal},
volume = {2},
number = {1},
year = {2022},
keywords = {Dispute resolution; Contracts; International Business},
abstract = {Introduction: The importance of understanding international business contract law is because international business will involve more than one country so that the laws in these countries will also differ from one another. This will cause problems if there is a business dispute between two parties from different countries.Purposes of the Research: Thus, this study aims to analyze dispute resolution, especially alternative dispute resolution in international business.Methods of the Research: The research method used is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles.Results of the Research: Choice of law is a consequence in an international business contract as a result of different legal rules in each country. Alternative dispute resolution is a method of dispute resolution that can be used in international business disputes. Arbitration, Mediation, Conciliation, Negotiation and Consultation can be used as initial options so that a solution can be obtained from the disputes faced before going through the litigation route which of course will be more time consuming and costly.},
issn = {2775-6149}, pages = {1--6} doi = {10.47268/balobe.v2i1.767},
url = {https://fhukum.unpatti.ac.id/jurnal/balobe/article/view/767}
}
Ak, Syahmin. Hukum Dagang Internasional (Dalam Kerangka Studi Analitis). Jakarta: PT. Raja Grafindo, 2006.
Ari Purwadi. Dasar-Dasar Hukum Perdata Internasional. Surabaya: Pusat Pengkajian Hukum dan Pembangunan (PPHP) Fakultas Hukum Universitas Wijaya Kusuma, 2016.
Astuti, Novi Fuji. “Manfaat Perdagangan Internasional, Bisa Bantu Tingkatkan Perekonomian Negara,” 2020.
Febrina, Winda Rizky, Salvatia Dwi M, and Ros Angesti Anas Kapindha. “Efektivitas Dan Efisiensi Alternative Dispute Resolution (ADR) Sebagai Salah Satu Penyelesaian Sengketa Bisnis Di Indonesia.” Privat Law 12, no. 4 (2014): 1–14.
Jimmy Joses Sembiring. Cara Menyelesaikan Sengketa Di Luar Pengadilan. Jakarta: Visimedia, 2011.
Marzuki, Peter Mahmud. Penelitian Hukum,. Jakarta: Kencana, 2016.
Putra, Dewa Nyoman Rai Asmara, and I Putu Rasmadi Arsha Putra. “Akibat Hukum Pendaftaran Penyelesaian Sengketa Alternatif.” ADHAPER: Jurnal Hukum Acara Perdata 6, no. 1 (2020): 73–86. https://doi.org/10.36913/jhaper.v6i1.102.
Sopamena, Ronald Fadly. “Mediasi Sebagai Penyelesaian Sengketa Cerai.” Batulis Civil Law Review 2, no. 2 (2021): 102–8. https://doi.org/10.47268/ballrev.v2i2.622.
Winarta, Frans Hendra. Hukum Penyelesaian Sengketa- Arbitrase Nasional Indonesia & Internasional. Jakarta: Sinar Grafika Offset, 2011.
Wuisan, Mauren Mega Melati. “Kajian Hukum Penyelesaian Sengketa Kontrak Dagang Internasional.” Lex Et Societatis 7, no. 2 (2019): 47–54.
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Alternative Dispute Resolution Dalam Sengketa Bisnis Internasional |
| 2. | Creator | Author's name, affiliation, country | Ronald Fadly Sopamena; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Dispute resolution; Contracts; International Business |
| 4. | Description | Abstract | Introduction: The importance of understanding international business contract law is because international business will involve more than one country so that the laws in these countries will also differ from one another. This will cause problems if there is a business dispute between two parties from different countries.Purposes of the Research: Thus, this study aims to analyze dispute resolution, especially alternative dispute resolution in international business.Methods of the Research: The research method used is normative juridical or what is known as legal research which is carried out by reviewing and analyzing the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles.Results of the Research: Choice of law is a consequence in an international business contract as a result of different legal rules in each country. Alternative dispute resolution is a method of dispute resolution that can be used in international business disputes. Arbitration, Mediation, Conciliation, Negotiation and Consultation can be used as initial options so that a solution can be obtained from the disputes faced before going through the litigation route which of course will be more time consuming and costly. |
| 5. | Publisher | Organizing agency, location | Fakultas Hukum Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2022-04-17 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/balobe/article/view/767 |
| 10. | Identifier | Digital Object Identifier | 10.47268/balobe.v2i1.767 |
| 11. | Source | Title; vol., no. (year) | Balobe Law Journal; Vol 2, No 1 (2022): Volume 2 Nomor 1, April 2022 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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