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The Issues Of Access To Justice In The Case Of Dispute Resolution Within The Indigenous Community Of Tulehu, Central Maluku, Lidwina Inge Nurtjahyo
The Issues Of Access To Justice In The Case Of Dispute Resolution Within The Indigenous Community Of Tulehu, Central Maluku, Lidwina Inge Nurtjahyo
Indonesia Law Review
This study is aimed to analyze how customary law is practiced in strategizing dispute settlement among the villagers. In some cases, the parties who had the disputes brought their cases to the non states intermediaries to give the best remedies that fulfill their own senses of justice. As we know in the Access to Justice approaches, the disputes could be solved not only using both with state law and non-state law. These facts showed how people doing law community members in relation to dispute resolution mechanism based on customary law from the perspective of access to justice. By applying customary …
Implementation Of The 1958 New York Convention In Several Asian Countries: The Refusal Of Foreign Arbitral Awards Enforcement On The Grounds Of Public Policy, Erman Radjagukguk
Implementation Of The 1958 New York Convention In Several Asian Countries: The Refusal Of Foreign Arbitral Awards Enforcement On The Grounds Of Public Policy, Erman Radjagukguk
Indonesia Law Review
The national character of public policy indicates that the decision is up to the court of national country concerned. Therefore, each country can rule whether public policy and its related issues are part of the country's public policy. Courts atound the world have recognized that Article V of the Convention is discretionary. The courts of Civil Law countries appear to be interpreting public policy broadly. This is quite evident from decisions made by courts in Indonesia, The People's Republic of China, Japan and Korea. The Indonesia Court considered Article V (2) (b) of the New Yourk Convention which states that …