License dispute settlement: The case of PT. Petronas Niaga Indonesia

• Main Authors: Darmawan, Halim, Hamonangan, Elias
• Format: Conference or Workshop Item
• Language: English
• Published: 2017
• Subjects: K Law (General)
• Online Access: http://repo.uum.edu.my/24570/1/SICONSEM%202017%20115%20116.pdf; http://repo.uum.edu.my/24570/
• Institution: Universiti Utara Malaysia

Purpose - The main purpose of this study is to examine the decision of the Indonesian National Arbitration Board (No. 506/II/ARB-BANI/2013), which won the plaintiff with reason have a breach of contract, while the defendant has made the achievement in accordance with the agreement. The explanation and the investigation of the factors relating to the final judgment are topics of utmost importance in law science of higher education. Methodology - Legal research is a process to discover the rule of law, the principles of law, to find the rule of law, legal principles, and legal doctrines to address the legal issues faced. The legal research method used is normative with qualitative analysis, it provides a systematic explanation of the rules governing certain legal categories.It uses a variety of secondary data such as legislation, court decisions, legal theory, and scholars’ opinions.Findings - The results showed that the Indonesian National Arbitration Board decision win plaintiff with the reason have a breach of contract, it is not in accordance with Article 1338 of the Civil Code. It means that the lawsuit is NO (Niet Ontvankelijke Verklaard) or unacceptable, and this agreement can be said to be valid if it meets 4 (four) terms as stipulated in Article 1320 of the Civil Code.