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PELAKSANAAN PUTUSAN EKSEKUSI BANI ATAS SENGKETA KONTRAK ANTARA BADAN LAYANAN UMUM BP3TI DENGAN PT INDONESIA COMNETS PLUS DAN KONSORSIUM NIPRESS
The Indonesian National Arbitration Board (BANI) is an option in resolving contract
disputes between the government and private parties. When the government is in a losing
position in a contract dispute according to the BANI decision, the government must comply
with the BANI decision. This study aims to understand the implementation of the
execution of BANI decisions that conflict with Law Number 1 of 2004 concerning State
Treasury and the authority of the Supreme Court to address the issue of BANI decisions
that conflict with Law Number 1 of 2004 concerning State Treasury. The focus of this
research includes the execution of BANI decisions that are contrary to Law Number 1 of
2004 concerning State Treasury and the Authority of the Supreme Court to the Court that
confiscates state assets. The research method used in this research is normative juridical
through statutory and conceptual approaches using secondary legal data consisting of
primary legal materials, secondary legal materials and tertiary legal materials. The data
obtained from library research is then analyzed using descriptive qualitative. Based on the
research, it is found that the execution of the BANI decision carried out by the court
through the confiscation of a sum of money in an account belonging to the BP3TI Public
Service Agency should not be carried out because this has contradicted Article 50 of Law
Number 1 of 2004 concerning State Treasury. Therefore, the Supreme Court is expected to
play a role in providing solutions by providing guidance to the lower courts including the
district courts by issuing a Supreme Court Circular Letter (SEMA).
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