KONSISTENSI HAKIM PENGADILAN NIAGA DALAM MENGADILI PERKARA KEPADLITAN DENGAN KLAUSULA ARBITRASE

Harjono Harjono

Abstract

this researchstudy Competency of Commercial Court in judging
case of bankrupt which was the proffering of the base agreement with arbritation clause, and analyse Appelate Court consistency in giving consideration of bankrupt verdict law with arbitration clause. Existence of Abritration clause that agreement in principle indicate that them mutually agree to to finish arising out dispute of the agreement to institute of arbitrase. Thereby abolish Competency of Commercial Court to check that case. But in practise found many, that Commercial Court remain to check
case of arising out bankrupt of agreement with arbitration clause. Consideration of legal dicision, Commercial Court and Appelate Court have to load consideration of law concerning competence. This research is including type Research of Normative (Doctrinal). Especial Material research of in the form of materials punish and primary of sekunder. Law materials collected with document study with analysis content. Analysis
with pattern have natural existence ofdeductive. With this deductive formal logic will be found by elementary premis-premis to base on the truth ofan method punish concrete in. in this research will look for base of legitimation consideration of law in judge decision. Judge Commercial Court not have same opinion and perception regarding competency of Commercial court to check and judge application of statement ofbankrupt.
This difference (of) mirrorof inkonsistensi considerationof law in dropped decision. There is consideration of judge of judge expressing Justice of authoritative Commercial, on the contrary there is also expressing unqualified. This incosistency cause incidenceuncidence uncertainty oflaw. Ofconsideration ofjudges ofCommercial Court and Supreme Court in the reality, always consistent in giving consideration of law at case application
ofstatement ofbankrupt.

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