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All Journal Indonesian Journal of International Law
Velentina, Rouli Anita
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Small Claims Court Mechanism in Business Dispute Resolution as an Attempt to Apply Fast-Track Basis in the District Courts and its Comparison with Some Countries Retnaningsih, Sonyendah; Velentina, Rouli Anita
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The implementation of Small Claims court mechanism according to Supreme Court Regulation (PERMA) Number 2/2015 concerning Procedures for Small-Claims Court Resolution recently granted a breakthrough in the civil justice system particularly in Indonesia. It was reached by the Supreme Court in order to reduce the court burden against cases with disputes below IDR 200 million rupiah. The disputes resolution by Small Claims court mechanism is done by a single judge assisted with registrar and must completed within 25 working days, the final decision is binding, thus unable to ask for appeal or judicial review. This article tries to comprehend dispute resolution through Small Claims mechanism in several state courts, such as Medan district Court, Palu, and the Jember. The study, also aims to comprehend the comparison of Small Claims mechanism in Indonesia and small claims in the Netherlands and UK in business disputes resolution. The study employs a normative juridical method. Based on the studies, the implementation through Small Claims court mechanism in Indonesia has been carried out in accordance with the Supreme Court Regulation Number 2/2015. Comparison on business dispute resolution using Small Claims court mechanism in Indonesia and in Netherlands and UK proof that the proof mechanisms whether in Indonesia, Netherlands and United Kingdom relatively simple. Legal remedies for Small Claims decision in Indonesia and the verdict in the Netherlands and in England are limited. The distinction is that the case number in Indonesia is higher than the number in the Netherlands and England.
Keberlakukan Daftar Negatif Investasi, Kasus: Intervensi Qatar Telecom di Indonesia Velentina, Rouli Anita; Hayaty, Lydya
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Improving legal certainty to attract foreign investment is very significant because it is one of very important consideration which involved in the decision to choose where to invest. In relation to legal certainty, an issue that has being discussed intensively is the investment conducted by Qatar Telecom, a big company form Middle East and a shareholder of PT. Indosat Tbk. The legal issue which arise is, Qtel would like to buy Indosat shares and increase its shares in PT. Indosat to be more than 50%. However under Presidential Regulation No. 111/2007, the maximum of foreign capital ownership limit in the business sector of telecommunication was 49%. Then, Ministry of Economic Coordinator concluded for any company that had been invested before the enactment of Presidential Regulation No. 111/2007 was governed by existing Negative List of Investment at the time the company established. This article analyzes the enforcement of Negative List of Investment regulated in Presidential Regulation No.111/2007 to the investment in the capital market.
Co-Authors Hayaty, Lydya Retnaningsih, Sonyendah Sonyendah Retnaningsih, Sonyendah