PENYELESAIAN SENGKETA INTERNASIONAL MELALUIN ARBITRASE INTERNASIONAL (STUDI KASUS GARUDA INDONESIA DAN HELICE LEASING S.A.S)

Abstract

ABSTRACT In the implementation of international relations, it is undeniable that there will be disputes between the parties involved, such as the dispute that occurred between Garuda Indonesia and Helice Leasing S.A.S which arose as a result of acts of default by Garuda Indonesia which caused Helice Leasing S.A.S to file a claim for the losses it received. This provision is regulated in Law number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, the 1958 New York Convention and R.I Supreme Court Regulation No.1/1990. Problem Formulation: (1) How is the arrangement for international dispute resolution through arbitration? (2) What is the decision for the settlement of disputes through arbitration between Garuda Indonesia and Helice Lessor S.A.S? This study uses a normative juridical approach, with data sources consisting of. Primary legal materials, secondary legal materials, tertiary legal materials. The data collection technique used in this study was document study/ literature research, the results of which would be analyzed qualitatively. The research results obtained based on this research are (1) arrangements for international dispute resolution through arbitration are dispute resolution through non-litigation channels with the legal basis of The Hauge Convention For The Pacific Settlements of International Dispute and (2) results of dispute resolution through arbitration between Garuda Indonesia and Helice Lessor S.A.S. which Garuda Indonesia has to carry out its obligations, namely paying the aircraft rental fee