Buletin Arbitrase Nasional Indonesia Nomor 10/2010 - Badan ...

From The Editor
In the current issue, we present three articles written by our arbitrators.
The first paper is written by Dr. Frans Hendra Winarta, entitled The Role
of Arbitration in Indonesia - One way to Evade Judicial Corruption. Despite
Government’s commitment to combat it, corruption in Indonesia has
continued in a more sophisticated form and become even more widespread
in almost all areas or activities, including judicial institution. In order to
combat the judicial corruption, the use of arbitration as a credible institution
for settling a dispute should be considered. Commercial arbitration
is preferable over court proceedings, as it possesses some advantages with
respect to time, confidential nature and a final and binding decision.
The second paper discusses the use of case review (Peninjauan Kembali
Perkara) of the arbitration award by the Supreme Court. Case Review and
legal certainty are two related issues that recently received attention by the
public. Finally, while the first two paper deals with the legal matters, the
third paper by Dr. Harianto Sunidja discusses the technical and commercial
aspects in the in construction. As Dr. Harianto Sunidja concluded, in
the construction process, the parties shall have good understanding on the
whole construction process, so defects in the construction could be avoided.
It would be better to prevent the dispute rather curing the dispute.
May 2010
INDONESIA ARBITRATION - Quarterly Newsletter No. 10/2010