KEWENANGAN PENGADILAN NIAGA DALAM MEMUTUS PERKARA KEPAILITAN DENGAN KLAUSUL ARBITRASE

Abstract

There are many ways in which business people can develop their business, there are people who
carry out large-scale promotions, open branches in different places, and so on. No small amount of money is
needed to develop the business. An alternative for business people to obtain sources of financing is by
borrowing from different sources. The loan granted to the business actor by the lender and acting as a
debtor is based on the assumption that the creditor believes that the debtor can pay the debt on time. if there
is a problem between the two parties regarding the agreement, this will be resolved through consultation. If
no deliberation is reached, this will be resolved through an arbitration channel.
Agreements between debtors and creditors often contain arbitration conditions. When a bankruptcy
dispute arises, which polemic arises which institution is authorized to resolve bankruptcy disputes, whether
this is the commercial court or the arbitration body. The purpose of this essay, namely: first, to establish the
basis of authority of the commercial court to try bankruptcy cases related to the existence of arbitration
clause, secondly, to know the legal consequences of bankruptcy decisions of the commercial court with
regard to the existence of arbitration clauses.
Het type onderzoek dat wordt gebruikt bij het schrijven van deze wet is normatief juridisch
onderzoek. Door bibliotheekonderzoeksmethoden, gebruikte gegevensbronnen, primaire gegevens,
secundaire gegevens en tertiaire gegevens te gebruiken, worden gegevensverzamelingstechnieken die in dit
onderzoek zullen worden gebruikt, uitgevoerd door middel van literatuurstudies met daaropvolgende
kwalitatieve analyse beschreven met en afgesloten met behulp van deductieve denkmethoden.
Two important things can be concluded from the results of the study. First, if you pay attention to the
agreement entered into by the parties through a link with the Civil Code (Article 1320 and Article 1338), the
arbitration body has the authority to first settle the matter between PT. Fertilizer Indonesia and PT. Sri
Melamin Rejeki and the commercial court should not have the authority to check in advance, so the position
of the creditor must be determined in advance by an arbitration award. Secondly, the legal consequences of
bankruptcy decisions of the commercial court are related to the existence of arbitration clauses, namely that
the arbitration body can continue the proceedings even though the parties to the commercial court have
argued because it was first bound by an arbitration clause according to the pacta sunt servanda invites
everyone who makes it. The arbitration body may continue the dispute proceedings in the arbitration case,
even if one of the parties has been declared bankrupt by the commercial court
Keyword: Autority - Commercial Court – Bankruptcy – Arbitration Clause