What Is Arbiter And His Duties In The Civil Court?

What is an arbitrater

YOGYAKARTA - Arbiter has an important role in handling legal cases. Arbiters are often used in resolving civil disputes outside of the general court. However, some people who do not know what arbitrater is and its duties are in the legal world.

Arbiter works in arbitration agreements based on legislation. An arbitrary can give decisions regarding certain disputes through arbitration agreements. So what is an arbitrary and its role in solving legal problems?

Based on Article 1 number 7 of Law 30/1999, the arbitrater in one or more was chosen by the disputed parties or appointed by the District Court or by the arbitration agency to give a decision regarding certain disputes that were submitted to its settlement through arbitration.

The understanding of arbitration is also explained in Article 1 number 1 of Law 30/1999, namely how to resolve a civil dispute outside the general court which is based on an arbitration agreement made in writing by disputed parties.

In a written arbitration agreement made, the parties must contain information including the full name and residence of the arbitrater, where the arbitrater will make a decision, and statements of the arbitrater's willingness.

Arbiter has the right to accept or reject appointments or appointments. Statements of whether or not the arbitrater is willing to be notified in writing to the party within a maximum of 14 days from the date of appointment or appointment.

Arbiter who has received or is willing to enter the arbitration agreement can still withdraw or resign. Resignation must be with the approval of the parties by submitting a written application to the parties first.

Arbiter will be relieved of his duties if the parties agree to withdraw the arbitrater. However, if the parties disagree or refuse, then the release of the officer's duties is determined by the chairman of the PN.

Here are some requirements to become an arbitrary that you need to know:

It should be noted that judges, clerks, prosecutors, and other judicial officials cannot be appointed or appointed as arbitrators. This provision is enforced to ensure the existence of objectivity in the examination and decision-making by the arbitrater.

In the book Difference Mediator, Arbiter, and Concilitor, Susanti Adi Nugroho also mentions several other important conditions that must be owned by the arbitrarier as follows:

Such is the review of what is an arbitrater in the world of law or judiciary. Arbiter served as the decision giver regarding certain disputes based on the arbitration agreement made by the parties concerned.

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