KONTRADIKSI PUTUSAN PENGADILAN NEGERI JAKARTA UTARA DENGAN BADAN ARBITRASE NASIONAL INDONESIA TERKAIT SEA WORLD
Abstract
Cooperation agreement has become a necessity for society, due to the ever
tightening competition within the world of business. The increasing land price
from year to year has made people to prefer a lease or cooperation rather than
investing money to buy a plot of land. The other purpose to establish a
cooperation is to strengthen the seed to avoid the competitor of the same type of
work.
This research is aimed to find out whether the cooperation agreement
procedure conducted by Sea World with PT Jaya Ancol, is applying the proper
Indonesian law in practice. This research is also aimed to shed understanding for
readers on the legal position of businesses in contracts with other countries may
have alternative dispute resolution in the event of a problem. The research method
being used is juridical normative, namely the search for a settlement of the
problem by researching and reviewing the positive legal norms by studying
literature.
The result of this research has shown that the perpetrators of the contract
has violated the principle of freedom of contract, and has conducted a resolution
of disputes that are not in accordance with the law and deviated the Indonesian
National Arbitration Board.