TINJAUAN YURIDIS KEWENANGAN PENGADILAN NIAGA udDALAM MENYELESAIKAN PERKARA KEPAILITAN udDENGAN ADANYA AKTA ARBITRASEud(Studi Putusan Kasus PT. Environmental Network Indonesia dan Kelompok udTani Tambak FSSP Maserrocinnae melawan PT. Putra Putri Fortuna udWindu dan PPF International Corporation)

摘要

The study belongs to juridical normative/doctrinal law research that is uddescriptive in nature using the secondary data type. The law materials employed udin this study were primary, secondary and tertiary law materials. Technique of udcollecting data used was literary study. Technique of analyzing data employed by udthe research was deduction method. Furthermore, the result of research was udwriting systematically in the form of thesis.udBased on the result of research, it can be explained that the arbitrage uddocument is the document someone makes or an enterprise in establishing a udrelationship with its partner regulating about the settlement method if there is a udproblem or dispute in the future regarding the content of agreement. The arbitrage uddocument can be in the form compromise document, that is, the agreement uddocument made by the parties after the dispute occurs and in the form of pactum udde compromittendomade before the dispute. The arbitrage document has a udbinding power when the arbitrage document is consistent with the contract udfreedom principle and the binding power principle as mentioned in Section 1338 udKUH Perdata, as well as fulfilling the legitimacy of agreement regulated in the udSection 1230 of KUH Perdata, as long as it is not contrasted with the act, udmorality, and public discipline. The commercial court has an authority of deciding udthe bankruptcy case although the parties had made the arbitrage document, udbecause arbitrage is a procedure of settling the debt-credit dispute usually leading udto compensation, but if for such dispute the bankruptcy statement proposal is udfiled, it is becomes the Commercial Court’s authority completely and arbitrage udmay not settle it. It can also be confirmed by the presence of provision in Article ud303 of Act Number 37 of 2004 about the Bankruptcy and Delay of Debt Payment udObligation.