TINJAUAN YURIDIS TERHADAP EFEKTIVITAS LEMBAGA ALTERNATIF PENYELESAIAN SENGKETA ARBITRASE DALAM PENYELESAIAN SENGKETA PERDAGANGAN DIBANDINGKAN LEMBAGA PENGADILAN NIAGA

Abstract

This research aims to analyze juridically the effectiveness of arbitration institutions as an alternative trade dispute resolution (Alternative Dispute Resolution) compared to Commercial Court institutions. Through a normative-doctrinal approach, this research compares the two mechanisms from legal, procedural and practical aspects. The research results show that arbitration offers a number of advantages, such as a faster process, lower costs, and more guaranteed confidentiality. Flexibility in selecting arbitrators and the ability to adapt procedures to the needs of the parties are also attractive. On the other hand, commercial courts have an important role in handling complex cases and ensuring legal certainty. However, potential conflicts of authority between the two need to be managed well. This research concludes that the choice between arbitration and the Commercial Court should be based on the specific characteristics of each dispute and the preferences of the parties.