scholarly journals Tender Conspiracy Under KPPU Decision and Prohibition of Monopolistic Practices Act

2020 ◽  
Vol 4 (1) ◽  
pp. 91
Author(s):  
Udin Silalahi ◽  
Priskilla Chrysentia
Keyword(s):  
Qualitative Analysis ◽  
Secondary Data ◽  
Legal Research ◽  
Applicable Law ◽  
Analysis Techniques ◽  
Reasonable Approach ◽  
The Law

Tender conspiracy is one of the anti-competition acts prohibited under Article 22 Law No. 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Business Competition. As one of the violations which are almost always injurious, tender conspiracy is only regulated by a rule of reasonable approach giving an interpretation room of the consequences of the violation. The tender conspiracy is also proven conducted by reported parties in the case that it had been decided by KPPU, such as in the KPPU Decision Number 06/KPPU-L/2015. The questions arising in connection with the rampant practices of tender conspiracy are how they regulate in the applicable law and how KPPU decides on the practice of tender conspiracy in the case concerned with the law. The aim is to examine the causes of the rampant practice of tender conspiracy in relation to the regulations governing it, as well as to review the KPPU's decision on real tender conspiracy case. For this reason, this research is normative legal research with qualitative analysis techniques on secondary data and uses the statute approach, and case approaches. The results of the study indicate that Article 22  is not sufficient yet to regulate the prohibition of tender conspiracy and often leads to multi-interpretation. the KPPU decided that there is a horizontal conspiracy among defendantsindetermining of the tender winner

scholarly journals PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN FACTOR DALAM PENAGIHAN PIUTANG DAGANG PADA TRANSAKSI ANJAK PIUTANG (FACTORING)

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
I Dewa Ayu Dwi Mayasari
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Research Literature ◽  
Legal Interpretation ◽  
Legal Research ◽  
Accounts Receivable ◽  
Analysis Techniques ◽  
Legal Position ◽  
The Law

Research in connection with jurnal writing thesis takes the theme the protection of the law against companies factor in billing accounts receivable factoring transactions. Problems studied involves two things; the first what factors the company’s legal position as a buyer on receivables in factoring and financing institution both what form of legal protection that can be given to companies factor of a possible failure of the trade receivables collection. This includes research conducted legal research categories, namely normative legal research literature or legal research based on secondary data. The approach used is the approach ot the laws and facts approach. Next to for further analysis techniques use the description legal interpretation techniques based argumentative theory, principles, and concepts relevan laws. The results showed that the company,s legal position as a purchaser of  factoring receivables is very weak and vulnerable than risk the possibility of failure of collection of accounts receivable due to non fulfillment of the achievements by the customer. In this context there is no guarantee of  legal protection for the company for the payment or refund factor its receivables in full. The next from legal protection that can be given to the factor as a buyer of receivables is; a) apply the type of recourse factoring in the factoring agreement with the burden of responsibility is on the client in case of failure of collection of accounts receivable, b) implement a system of personal/corporate guarantees, and c) apply the prudential banking principles

scholarly journals Proses Pembuatan Akta Jaminan Fidusia Menggunakan Kendaraan Bermotor Yang Masih Dalam Proses Inden Sebagai Jaminannya

Acta Comitas ◽  
2021 ◽  
Vol 6 (01) ◽  
pp. 162
Author(s):  
Raymond Bagus Nurchandra ◽  
Retno Murni
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Legal Research ◽  
Purchase Order ◽  
Analysis Techniques ◽  
Proof Of Ownership ◽  
Secondary Data Sources ◽  
The Law

The purpose of this research is to determine the validity of a fiduciary security deed using a motorized vehicle that is still in the indent process as a guarantee. This type of research is empirical legal research which is based on primary data sources and secondary data sources. Then the conclusions are drawn through descriptive analysis techniques. The results show that a motorized vehicle that is still in the pivoting process can be charged with a fiduciary guarantee, but the debtor must attach proof of the order given by the dealer The part that will pay the vehicle in full to the dealer is the bank and after the proof of payment is given in full, the proof must be presented in front of a notary. The debtor must also make his own statement if the BPKB has been issued, it must be immediately submitted to the bank. The validity of a fiduciary guarantee deed that uses a motorized vehicle that is still in the pivot process as evidence is legally recognized because in the provisions of the explanation of article 6 letter c of the Law on Fiduciary Security does not clearly emphasize the existence of BPKB ownership so that proof of purchase orders can already be obtained. used as proof of ownership of a motorized vehicle that is still in the process of being indented.   Tujuan dari penelitian ini adalah untuk mengetahui keabsahan suatu akta jaminan fidusia yang menggunakan kendaraan bermotor yang masih dalam proses inden sebagai jaminannya. Jenis penelitian yang digunakan adalah penelitian hukum empiris yang didasarkan pada sumber data primer serta sumber data sekunder kemudian ditarik kesimpulannya melalui teknik analisis deskriptif. Hasil penelitian menunjukan bahwa kendaraan bermotor yang masih didalam proses inden dapat dibebankan dengan jaminan fidusia namun pihak debitor harus melampirkan bukti pemesanan kendaraan bermotor tersebut yang diberikan oleh pihak dealer. Pihak yang akan membayarkan kendaraan tersebut secara lunas kepada dealer adalah pihak bank dan setelah diberikannya tanda bukti pembayaran secara lunas tersebut maka bukti tersebut harus dipaparkan dihadapan pihak Notaris. Pihak debitor juga harus membuat surat pernyataan sendiri jika BPKB sudah terbit maka harus segara diserahkan kepada pihak bank. Keabsahan suatu akta jaminan fidusia yang menggunakan kendaran bermotor yang masih dalam proses inden sebagai alat bukti diakui sah secara hukum karena didalam ketentuan penjelasan Pasal 6 huruf c Undang-Undang tentang Jaminan Fidusia tidak menekankan secara jelas harus adanya kepemilikan BPKB sehingga bukti purchase order saja sudah dapat digunakan sebagai suatu bukti kepemilikan kendaraan bermotor yang masih dalam proses inden.

scholarly journals ANALISIS POTENSI TINDAK PIDANA KORUPSI DALAM PELAKSANAAN TUGAS DAN JABATAN NOTARIS DAN PEJABAT PEMBUAT AKTA TANAH

Wajah Hukum ◽  
2018 ◽  
Vol 1 (1) ◽  
pp. 75
Author(s):  
Tresya Tresya
Keyword(s):  
Qualitative Analysis ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Sampling Technique ◽  
Primary Data ◽  
Legal Research ◽  
Research Results ◽  
Purposive Sampling ◽  
Applicable Law ◽  
Notary Public

This research is raining to know and recognize: (1) Any actions that have potential as corruption in the execution of duties and positions of Notary and PPAT (2) the efforts made by Notary and PPAT in preventing their actions to not have the potential to be criminal act of corruption This research is an empirical normative research because in this study the authors combine normative legal research (secondary data) with empirical legal research (primary data obtained from research results in the field). The source of this research is Notary in the working area of Jambi city and academician. The sampling technique used is purposive sampling. The method of analysis used in this study is the method of thinking qualitative analysis and drawing conclusions using inductive thinking methods. The results of this study indicate that potential acts as corrupt offenses in the performance of duties and positions of Notary and Officials of the Deed of Land are contained in Article 2, 3, 5, 10 and Article 12 Sub-Article H of Law Number 20 Year 2001 concerning the amendment of Law Number 31 Year 1999 concerning the Eradication of Corruption. Several articles indicate the potential of Notary and PPAT may be subject to those articles if they commit a criminal act of corruption. In the case of the prevention of his actions so as not to have the potential to act Corruption is to work professionally in accordance with the applicable Law, and Notary Code of Ethics and PPAT.Keywords: Notary Public, PPAT, Corruption

scholarly journals The Complexity Problem on the Law Enforcement by Indonesian Police Agency during the COVID-19 Pandemic

2020 ◽  
Vol 4 (2) ◽  
pp. 112-122
Author(s):  
Dwi Putri Hardiani ◽  
Nyoman Serikat Putra Jaya
Keyword(s):  
Health Economic ◽  
Law Enforcement ◽  
Large Scale ◽  
Legal Aspect ◽  
Secondary Data ◽  
Police Agency ◽  
Legal Research ◽  
Analysis Techniques ◽  
Complexity Problem ◽  
The Law

In Indonesia, the COVID-19 pandemic can be a fundamental concern if it is not able to overcome its impact. This pandemic considered to be very influential in affecting and disturbing several fundamental aspects of a country, such as health, economic, legal aspect, defense and security, and etc. This study examined the complexity problem of law enforcement by the police officer during the COVID-19 pandemic. The method of this researchusesnormative legal research by prioritizing secondary data that analyzed descriptive qualitative analysis techniques. The results of this study indicate that the police are referred to the law that lives in the community because of the work of the police plays an important role in maintaining the security and defense of the community, the law enforcement, as well as providing protection, protection, and services to the community. This has placed the police in dealing with various dynamics of social changing including the current COVID-19 pandemic. However, the problem with police law enforcement in the current COVID-19 pandemic arises from the implementation of Large-Scale Social Restrictions (PSBB) policy, the complexity problem in law enforcement on PSBB, and the choice to the possible solutions.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals KEBIJAKAN REHABILITASI TERHADAP PENYALAH GUNA NARKOTIKA PADA UNDANG – UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
IDA BAGUS PUTU SWADHARMA DIPUTRA
Keyword(s):  
Drug Abuse ◽  
Drug Users ◽  
Theoretical Foundation ◽  
Journal Writing ◽  
Secondary Data ◽  
Drug Addicts ◽  
Legal Research ◽  
Positive Law ◽  
The Law ◽  
The Way

Positive law states, drug users are criminals because it has met the qualifications in the law of narcotics, narcotic offenses such as drug abuse in the study of criminology can be classified as a crime without a victim or a victimless crime. This is because they will become dependent on illicit goods (narcotics), the way it deems appropriate to cure the addiction is to rehabilitate the victims of drug abuse For law journal writing, the writer uses normative legal research with one character is using secondary data, where the data consists of primary legal materials, legal materials and secondary legal materials tertiary. And the theoretical foundation that is used is the law, norms and theories appropriate to the problem The results reveal the writing on the rehabilitation policy on Narcotics has been strictly regulated in Chapter IX legislation, policies were aimed at drug addicts and victims of drug abuse, arguing that victims of drug abuse is a victim of crime narcotics and therefore the appropriate sanctions to be meted out to him is the rehabilitation of the victims will be able to return to society and become useful

scholarly journals Pengalihan Hak Atas Tanah Yang Objeknya Diikat Hak Tanggungan

Acta Comitas ◽  
2021 ◽  
Vol 6 (01) ◽  
pp. 127
Author(s):  
Anak Agung Sagung Karina Prabasari ◽  
Sirtha I Nyoman
Keyword(s):  
Qualitative Analysis ◽  
Research Method ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Legal Research ◽  
Laws And Regulations

The purpose of this paper is to find out and analyze whether or not it is permissible to transfer HT objects and about the type of agreement used to transfer some HT objects. The writing method used in this research is empirical legal research method with qualitative analysis, with a sociological juridical approach. The data sources used consisted of primary data through interviews with several Notaries / PPAT and secondary data including laws and regulations, books and journals. The results showed, first, that the transfer of HT objects is allowed even though it was not previously agreed in the APHT. Second, the types of agreements used consist of the agreement to carry out the sale and purchase of some HT objects in the form of PPJB and subsequently AJB, agreements related to the purchase and sale of HT objects, agreements related to the process of breaking and separating HT objects, making SKMHT and APHT . Tujuan penulisan ini untuk mengetahui dan menganalisis apakah diperbolehkan atau tidaknya pengalihan objek HT dan mengenai jenis perjanjian yang dipakai untuk mengalihkan sebagian objek HT. Metode penulisan yang digunakan pada penelitian ini adalah metode penelitian hukum empiris dengan analisis kualitatif, dengan pendekatan yuridis sosiologis. Adapun sumber data yang digunakan terdiri dari data primer melalui wawancara ke beberapa Notaris/PPAT dan data sekunder meliputi peraturan perundang-undangan, buku-buku dan jurnal-jurnal. Hasil penelitian menunjukkan, pertama, bahwa pengalihan obyek HT diperbolehkan meskipun sebelumnya tidak diperjanjikan dalam APHT. Kedua, Jenis-jenis perjanjian yang dipergunakan terdiri dari perjanjian kesepakatan untuk melakukan jual beli atas objek sebagian objek HT berupa PPJB dan selanjutnya AJB, perjanjian terkait pembayaran hasil jual beli objek HT, perjanjian terkait proses pemecahan dan pemisahan objek HT, perjanjian pembuatan SKMHT dan APHT

scholarly journals The Priority Distribution of Wealth the Debtor’s Bankrupt (Boedel Bankruptcy) Towards Separatist and Preferential of Creditor Based on Principles of Fairness and Legal

2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
. Yuhelson ◽  
. Maryano
Keyword(s):  
Civil Law ◽  
Secondary Data ◽  
Civil Code ◽  
Bankruptcy Law ◽  
Community Life ◽  
Legal Research ◽  
Distribution Of Wealth ◽  
Colonial Legacy ◽  
The Law ◽  
Principles Of Justice

<p>Indonesia modern civil law development lasted to align with community life progress. In 1998 made bankruptcy laws reform of colonial legacy, which was revised in 2004 by Law No. 37. Additionally, the bankruptcy law instruments sourced on the Civil Code and some other provisions. After the court decision on bankruptcy declaration, bankruptcy process was arrangement and distribution of wealth the debtor’s bankrupt (boedel bankruptcy) by curator. So far, the difficulty legal curator instrument cared and settled bankruptcy estate. The prioritization of splitting on the preference and separatist creditor. This research was classified as a normative legal research. Basically, the research based on secondary data. The research conclusion, first, completion of settlement the boedel bankruptcy arranged which reflected in a series of activities that sequence according to the stages and institutionally involve the creditor committee, curator, and the supervisory judge; second, the principles of justice that could be applied in determining the division of boedel bankruptcy to creditors, particularly the preferred and separatist creditors, namely the principle of pari passu and pro rata, the principle of balance, the principle of proportional, and the principles of fairness; third, instruments of Indonesia bankruptcy law consists of elements of civil law (Civil Code), bankruptcy law and suspension of debt payments (Act No. 37 of 2004), a variety of laws and regulations under the law, occasionally based on the policy elements. This condition reduces the level of security in the application of the law.</p><p>Keywords: bankruptcy, boedel bankruptcy, preferred creditors, separatist creditors <br /> <br /> <br /> <br /> <br /> <br /> </p>

scholarly journals PENCATATAN PERKAWINAN TINJAUAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN HUKUM ISLAM

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Basri Basri
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
The State ◽  
Data Sources ◽  
Legal Research ◽  
Legal Principles ◽  
Religious Law ◽  
Secondary Data Sources ◽  
The Law ◽  
Legal Consequences

AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage. Keywords: Registration, Marriage, Validity

scholarly journals PENYELESAIAN DEBITUR WANPRESTASI DALAM PERJANJIAN KREDIT JAMINAN FIDUSIA MENURUT UNDANG-UNDANG NO. 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 253-265
Author(s):  
Asuan Asuan
Keyword(s):  
Secondary Data ◽  
Civil Code ◽  
Legal Issues ◽  
Legal Certainty ◽  
Power Of Attorney ◽  
Legal Research ◽  
Government Regulations ◽  
The Law ◽  
Laws And Regulations

 Type of research in doctrinal law or better known as normative legal research which is also called normative juridical (legal research) concerning the legal issues at hand. The approach to the law (statue approach) is carried out by examining the laws and regulations. In writing with primary and secondary data obtained from library materials namely Law No. 42 of 1999 concerning Fiduciary Guarantees, Law No. 10 of 1998 concerning Banking, Government Regulations, Civil Code, KUH Trade and literature, lecture materials and other sources related to credit agreements with fiduciary guarantees and problems in particular. In granting credit with fiduciary guarantees through the stages of the procedure for credit application and the making of a fiduciary deed at the notary who is registered with the Office of Fiduciary Registration to provide legal certainty for creditors (banks). Credit settlement process if the debtor is malicious, the bank is based on a substitution power of attorney from the debtor made a notariil Fiduciary deed and registered with the Fiduciary Office, the debtor makes a sale under the hands, the sale of collateral is voluntary, the result is submitted to the bank to repay the loan, the bank can conduct the auction in general and through the Court.

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