Analisis Yuridis Mekanisme Penyelesaian Sengketa dalam Perjanjian Usaha Patungan di Indonesia. Studi Kasus: PT.Wallem Shipping Services (No 98/PDT/2020/PN.DKI)

Abstract

The current development of Indonesia's economy is one of the impacts of the increasing joint venture investment activities in the country. This can be seen from the achievement data, which reached IDR 678.7 trillion, marking a 16.1% increase. This achievement has fulfilled 48.5% of the 2023 investment realization target set by President Joko Widodo, which is IDR 1,400 trillion. The increase in investment realization does not hide the fact that problems are still found, especially in joint ventures, where differences in background, language, culture, and law between joint venture parties often trigger issues. A joint venture agreement is formed as the foundation for establishing a joint venture. To ensure legal certainty, Law Number 25 of 2007 on Investment and the Law on Arbitration and Alternative Dispute Resolution were enacted. Joint venture agreements that include dispute resolution clauses through arbitration must comply with the provisions of the Arbitration Law (UUAAPS). Article 3 of the Arbitration Law states that district courts do not have the authority to adjudicate disputes between parties bound by an arbitration agreement. This research methodology employed in this study is juridical-normative legal research method with a descriptive nature. The sources of data used are primary, secondary, and tertiary. Data collection techniques are conducted through library research. Data analysis in this study is carried out qualitatively. The result of this research shows that the implementation of dispute resolution in joint ventures between investors must be based on Indonesian law and the provisions of the Choice of Forum or Choice of Jurisdiction clauses in the agreed-upon contract. The agreement of the parties in the arbitration clause of the joint venture agreement through the Singapore International Arbitration Centre (SIAC) renders the Central Jakarta District Court unauthorized to examine, decide, and adjudicate this dispute. This is further reinforced by the appellate court's ruling, which provides legal certainty for the parties to resolve the dispute through the SIAC arbitration body and respect the agreement that has been made.