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PENGUATAN HUKUM ALTERNATIF PENYELESAIAN SENGKETA BISNIS BADAN USAHA MILIK NEGARA DENGAN BADAN USAHA MILIK SWASTA BERORIENTASI PERDAMAIAN YANG BERMANFAAT (BENEFIT-BENEFIT SOLUTION)

Law No. 16 of 2025 on the Fourth Amendment to Law No. 19 of 2003 recognizes Alternative Dispute Resolution (ADR) through deliberation and mediation, with agreements that are final and binding for the parties in dispute. However, this regulation only applies to disputes between state-owned enterprises (SOEs), while disputes between SOEs and Private-Owned Enterprises (POEs) are not regulated for resolution through ADR. This study aims to analyze the nature of ADR in the settlement of business disputes between SOEs and POEs, examine the existing legal framework for ADR in handling such disputes, and identify the strengthening of ADR law for a peace-oriented dispute resolution that benefits the parties involved. The research method used is normative juridical with philosophical, statute, case, and comparative approaches. The study finds that ADR in SOE-POE disputes aims to achieve peace through deliberation, based on the Fourth Principle of Pancasila as its philosophical foundation, the Arbitration and ADR Law, and the SOE Law as its legal foundation, in line with the Indonesian tradition of deliberation. Although ADR is regulated in 36 laws, the legal framework for ADR between SOEs and POEs is still unclear. Therefore, updates to the SOE Law, the Limited Liability Company Law, and the Arbitration and ADR Law are necessary to provide legal certainty in the settlement of SOE-POE disputes. Keywords : Alternative Dispute Resolution, State-Owned Enterprises, Private- Owned Enterprises, Benefit- Benefit Solution.

Availability
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Central Library (REFERENCE) T1924212025
T192421
Available but not for loan - Not for Loan
Detail Information
Series Title
-
Call Number
T1924212025
Publisher
Indralaya : Prodi Dokter Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya.,
Collation
xvi, 50 hlm.; ilus.; tab.; 29 cm
Language
Indonesia
ISBN/ISSN
-
Classification
346.070 7
Content Type
Text
Media Type
-
Carrier Type
-
Edition
-
Subject(s)
Hukum Bisnis
Prodi Dokter Ilmu Hukum
Specific Detail Info
-
Statement of Responsibility
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