Preparation of Business Contracts in Accordance with the Law: Findings Alternative Dispute Resolution mechanisms

Ariawan

Universitas Tarumanagara, Jakarta, Indonesia

Abstract:

Globally business has increased multi-dimensionally which necessitates the presence of a law as a guideline to regulate business contracts as well as for dispute resolution. To be able to resolve the dispute, parties will choose the authorized institution, in resolving the dispute can be resolved through the litigation agency and also outside the litigation. The current study aimed at finding a solution to business disputes involving business contracts through laws that can act as good alternatives to business dispute resolution. This study used a descriptive and analytical research design. Normative legal research was the type of research method applied. Both primary and secondary data were used in this study to which included personal observations, legal archives, laws and regulations, and library documentation. Several legal theories related to contract and internal dispute resolutions, including arbitration and moving to tribunals, were also examined. Most legal data was obtained from various sources such as laws and regulations such as the Civil Code and Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The study suggested using Alternative Dispute Resolution as one of the procedures for out-of-court settlement, consisting of mediation, negotiation, arbitration, conciliation and consultation.

Keyword:

Law, Business, Disputes, arbitration, negotiation, contract