KETERLIBATAN PIHAK KETIGA YANG TIDAK TERIKAT KLAUSULA ARBITRASE DALAM SENGKETA ARBITRASE

Abstract

The purpose of this thesis journal is to meet the graduation requirement
for the Bachelor of Law from the Law Faculty of Universitas Surabaya. The
practical aim of this paper is to determine whether a third-party whom is not tied
to an arbitration clause could be treated as parties to an arbitration agreement, and
thus be bound by the arbitration decision. In general, the settlement of arbitration
is based on the arbitration agreement written by the parties in a dispute. In the
case of quarrel between PT RII against PT PT ISI and PT BKDI, there is a third-
party involved — PT BKDI — which was not bound by the arbitration clauses. The
involvement of the third-party was approved by Badan Arbitrase Perdagangan
Berjangka Komoditi (BAKTI), but struck down by the Supreme Court due to the
non-binding nature of a written agreement of arbitration to said third party.
Therefore, the decision of BAKTI was overturned. However, according to Article
30 of Arbitration and Alternative Dispute Resolution Law, there is a possibility of
involvement from third-party in the arbitration case with some limitations. If the
terms and conditions are met, the involvement of the third-party can be considered
legally valid in the arbitration process.