THE ROLE OF NOTARISTS IN FORMULATING THE INCLUSION OF ARBITRATE CLAUSES IN NOTARISTS ACT IN THE FORM OF PACTUM DE COMPROMITTENDO

Abstract

In various acts of the agreement made before a Notary relating to the rights and obligations of the parties (the presenters), there is almost always a dispute resolution clause between the disputing parties. Dispute resolution clauses most choose a court (district court) this is a custom only or often done in a Notary deed, requested or without request settlement of disputes is always listed in the court (district court) or sometimes deliberation for consensus or mediation. The Notary can offer the payment of the debate through arbitration in the parent agreement (Pactum de Compromittendo) or after a dispute (Deed of Compromise). In this case, the Notary has the role in formulating, directing, and explaining to the parties/the parties if the person concerned chooses and determines the forum for resolving the dispute through arbitration.