scholarly journals Tinjauan Hukum Persaingan Usaha dalam Praktek Persekongkolan Tender (Studi Putusan Nomor:04/KPPU-L/2018)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 344
Author(s):  
Rendi Ardiansyah ◽  
Margo Hadi Pura
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Competition Law ◽  
Business World ◽  
Legal Principles ◽  
Goods And Services ◽  
The Government ◽  
Fierce Competition ◽  
Administrative Sanctions

The existence of Law Number 5 Year 1999 is expected to prevent monopolistic practices and unfair business competition in a business world that continues to develop with increasingly fierce competition. However, until now there are still many unfair effort practices because increasingly complex competition and demands for profusely profit, one of which is related to tender conspiracy activities carried out in the procurement of goods and services within the government. Between them are the practice of conspiracy to tender for the Decision of the Business Competition Supervisory Commission Number 04/ KPPU-L/2018. In writing this article using a normative juridical research method in which research and observations are carried out in a library by emphasizing the applicable legal principles. The purpose of writing this article is to find out tender conspiracy in view of business competition law, which is essentially prohibited because it will prevent other business actors from competing in offering prices at the auction. In addition, this article discusses the fulfillment of the formulaic elements in the practice of tender conspiracy in the a quo case. Tender conspiracy is specifically regulated in Article 22 of Law Number 5 Year 1999 which is then complemented by the guidelines issuance of Article 22 by KPPU. Whereas in essence the actions of the Reported Parties in the implementation of the a quo tender constituted a tender conspiracy practice because they had complied with all the elements referred to in Article 22 of Law Number 5 Year 1999 resulting in receiving administrative sanctions imposed by KPPU as a form of law enforcement.

scholarly journals Kedudukan Sita Umum Terhadap Sita Lainnya Dalam Proses Kepailitan (The Position Of General Seizure Towards Others In The Process Of Bankrupcy)

2019 ◽  
Vol 9 (2) ◽  
pp. 217-234
Author(s):  
Luthvi Febryka Nola
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Secondary Data ◽  
Bankruptcy Law ◽  
Legal Research ◽  
Legal Principles ◽  
Time Period ◽  
Library Studies ◽  
The Impact

Article 31 paragraph (1) and paragraph (2) of the Indonesian Bankruptcy Law stipulate that all seizures that have been determined on the debtor's assets are null and void since the bankruptcy verdict is pronounced and since then the only validity is general seizure. However, in its practice various seizures are still stipulated on bankrupt assets ranging from civil, criminal and tax seizures. This paper discusses the forms of seizure in the bankruptcy process, the position of general seizure of other seizures in bankruptcy and the impact of the position of general seizure on debt payments to creditors. The research method used is normative legal research using secondary data collected through library studies and document studies. The various data were then analyzed descriptively and qualitatively. This writing found that there are rules in other laws such as Article 39 paragraph (2) KUHAP and Article 6 paragraph (1) Law No. 19 of 2000 that have ruled out the position of general seizure. The experts in each field of science also have different views regarding the position of general seizure. This condition has resulted in the emergence of friction between law enforcement, inconsistency of judges’ decisions, length of bankruptcy proceedings, injustice, unclear data on bankruptcy assets and reduced bankruptcy assets. Therefore, the understanding of law enforcement regarding legal principles, especially the principle of lex specialis derogate legi generalis, needs to be improved. The use of prejudgment seizure in the bankruptcy process must be socialized to maximize control over bankrupt assets. To avoid prolonged process of bankruptcy, the bankruptcy law should limit the time period for the settlement of assets to the curator.AbstrakPasal 31 ayat (1) dan ayat (2) UU Kepailitan mengatur bahwa segala sita yang telah ditetapkan atas harta kekayaan debitor menjadi hapus semenjak putusan pailit diucapkan dan semenjak itu satu-satunya yang berlaku adalah sita umum. Akan tetapi pada praktiknya berbagai sita tetap ditetapkan atas harta pailit mulai dari sita perdata, pidana dan pajak.  Tulisan ini membahas tentang bentuk-bentuk sita dalam proses kepailitan, kedudukan sita umum terhadap sita lainnya dalam kepailitan dan dampak dari kedudukan sita umum terhadap pembayaran utang kepada para kreditor. Adapun metode penelitian yang digunakan adalah penelitian hukum normatif dengan menggunakan data sekunder yang dikumpulkan melalui kegiatan studi perpustakaan maupun studi dokumen. Berbagai data tersebut kemudian dianalisis secara deskriptif-kualitatif. Penulisan ini menemukan bahwa adanya aturan dalam UU lain seperti Pasal 39 ayat (2) KUHAP dan Pasal 6 ayat (1) UU No. 19 Tahun 2000 telah mengesampingkan kedudukan sita umum. Ahli masing-masing bidang ilmu juga memiliki pandangan yang berbeda terkait kedudukan sita umum.  Kondisi ini berdampak pada munculnya pergesekan antara penegak hukum, inkonsistensi putusan hakim, lamanya proses kepailitan, terjadi ketidakadilan, ketidakjelasan data harta pailit, berkurang bahkan hilangnya harta pailit. Oleh sebab itu, pemahaman penegak hukum tentang asas hukum terutama asas lex specialis derogate legi generalis perlu ditingkatkan. Penggunaan lembaga sita jaminan dalam proses kepailitan harus disosialisasikan untuk memaksimalkan penguasaan terhadap harta pailit. Supaya proses kepailitan tidak berlarut-larut, UU kepailitan harusnya membatasi jangka waktu penyelesaian aset kepada kurator.

scholarly journals LEGAL PROTECTION FOR CONSUMERS IN TRANSACTIONS FOR E-COMMERCE

2019 ◽  
Vol 3 (1) ◽  
pp. 57
Author(s):  
Bing Yusuf
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Community Members ◽  
Daily Consumption ◽  
Business World ◽  
Positive Law ◽  
Technological Developments ◽  
The Government ◽  
Legal Subjects

The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization

13 Enforcement

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Law Enforcement ◽  
General Public ◽  
Institutional Design ◽  
Competition Law ◽  
Financial Resources ◽  
Competition Law Enforcement ◽  
The Government ◽  
Judicial Expertise ◽  
Policy Failures

This chapter explores the myriad difficulties and obstacles for competition law enforcement in developing countries and suggests possible solutions to some of these difficulties. Competition culture is generally lacking in developing countries. In addition, developing country authorities often face a particularly challenging enforcement environment due to past policy failures by the government, especially in the context of privatization. Another major external impediment to effective competition law enforcement is the lack of political will on the part of the government to enforce the law. The chapter also looks at the lack of authority independence, financial resources, enforcement powers, availability of data, and judicial expertise. Institutional design can have a bearing on setting of enforcement priorities. Poor institutional design may take flexibility away from the authority and make it impossible for the authority to set enforcement priorities. Apart from enforcement, however, another very important part of an authority’s work is advocacy. It is through advocacy with the general public that the authority can hope to build a competition culture. Meanwhile, it is through advocacy with the government that the authority can ensure government policies do not create intractable competition problems that are beyond the capability of the authority to solve. The chapter then considers the benefits and limitations of a regional approach to competition law enforcement. Enforcement and procedure

scholarly journals Pengaruh Brain Circulation untuk Memperkuat Pasar Tenaga Kerja dalam Masyarakat ASEAN 2015

2014 ◽  
Vol 1 (01) ◽  
pp. 53
Author(s):  
Arif Darmawan ◽  
Qisty Anzilni Desiera
Keyword(s):  
Labor Market ◽  
Brain Circulation ◽  
Goods And Services ◽  
Foreign Labor ◽  
Asean Countries ◽  
The Government ◽  
The Stability ◽  
Fierce Competition ◽  
Cultural Defense ◽  
Open Markets

ASEAN Community 2015 became one of its own products made by ASEAN leaders to ease the creation of a variety of access both in the economic, political, social, cultural, defense and security. Within the ASEAN Community 2015, becoming one of its own steps to open markets more freely so that the movement of the mobility of goods and services can be channeled properly not only in the country in each of the ASEAN countries, however, can be transferred to all other countries. One of the constraints in this regard is how the readiness of the government of a country in ASEAN to face of fierce competition that will take place freely and openly among various countries so that if not handled properly can result in a fairly high unemployment because the foreign labor which is presented in one of the ASEAN countries is a labor that has a high skill. Therefore, the government must also concern related to the brain circulation phenomenon are able to strengthen the various sectors where the government is able to provide its own facilitieswith the provision of the allocation of funds for research and development and create policies that ensure the products to the convenience of skilled labor to carry out research in homeland then it will strengthen the stability of labor market in ASEAN. Keywords: ASEAN Community 2015, Imbalancing Competition, Brain Circulation, R&D,Stability in ASEAN labor market

scholarly journals Pembatasan Sosial Berskala Besar (PSBB) Dan Pidana Denda Dalam Rangka Pencegahan dan Pemberantasan Pandemi Coronavirus Disease (Covid)-19

2020 ◽  
Vol 7 (8) ◽  
pp. 687-694
Author(s):  
Kartono Kartono
Keyword(s):  
Law Enforcement ◽  
Social Control ◽  
Research Method ◽  
Large Scale ◽  
Public Awareness ◽  
Secondary Data ◽  
The Internet ◽  
Criminal Sanctions ◽  
Alternative Sanction ◽  
The Government

AbstractThe trend of the spread of Coronavirus (Covid)-19 which continues to soar has an impact on society for health, peace and safety of the soul.  Public awareness and compliance with laws and regulations and the government's call for a Large-Scale Social Restrictions (PSBB) policy are important not to be violated or ignored.  The application of criminal sanctions for fines is an alternative sanction in law enforcement so that people are deterred, educated and as a means of government social control. The research method is normative juridical supported by empirical research using secondary data in the form of books, legislation and the internet. Type of qualitative research. The results of the study concluded that the government must be firm in applying criminal sanctions and criminal fines as an alternative to making people deterrent, educated and as a means of social control Keywords: PSBB, Criminal Fines, Prevention.

scholarly journals Analisis Mengenai Unsur Pelayanan Publik Di Dalam Peraturan Gubernur Bali Nomor 46 Tahun 2020 Tentang Penerapan Disiplin Dan Penegakan Hukum Protokol Kesehatan Sebagai Upaya Pencegahan Dan Pengendalian Covid-19

2021 ◽  
Vol 1 (1) ◽  
pp. 24-29
Author(s):  
Desak Komang Budiarsini ◽  
Putu Dita ◽  
Agus Ary Wahyudi
Keyword(s):  
Law Enforcement ◽  
Social Relationships ◽  
Research Method ◽  
Provincial Government ◽  
Physical Contact ◽  
Work From Home ◽  
State Apparatus ◽  
Rapid Spread ◽  
The Government ◽  
And Control

The writing of this article aims to find out and analyze how the analysis of Governor Regulation Number 46 of 2020 concerning the Application of Discipline and Law Enforcement of Health Protocols as Efforts to Prevent and Control Covid-19 seen from the rapid spread of the corona virus at this time. After the announcement of a positive case for the Covid-19 virus by the government on March 2 (two) 2020, the government continued to increase efforts and policies to suppress transmission of this virus. Starting from limiting social relationships (social distancing), limiting physical contact relationships (physical comparison) by appealing to all State apparatus, BUMN employees and private employees to limit activities in the office by encouraging work from home. The writing of this article is a research that uses a normative research method, using a statutory approach. Then analyzed descriptively qualitatively using primary, secondary, and tertiary legal materials to get conclusions that are relevant to the problems at hand. The result of writing this article is how the form of public services provided by the Bali provincial government to the community to deal with or prevent the spread of Covid-19.

PENEGAKAN HUKUM TERHADAP PELAKU USAHA AIR MINUM DALAM KEMASAN YANG TIDAK DILENGKAPI IJIN EDAR GUNA MENJAGA KEAMANAN PANGAN

2020 ◽  
Vol 17 (1) ◽  
pp. 1-10
Author(s):  
A.A. Sagung Ngurah Indradewi
Keyword(s):  
Drinking Water ◽  
Food Security ◽  
Food Safety ◽  
Law Enforcement ◽  
Consumer Protection ◽  
Legal Norms ◽  
Legal Principles ◽  
Bottled Drinking Water ◽  
Water Companies ◽  
Administrative Sanctions

The problems described in this study is law enforcement against bottled drinking water business actors not equipped with marketing permits to maintain food security and what factors are obstacles to law enforcement against bottled drinking water business operators that are not equipped with marketing permits in order to maintain food safety.              This type of research is normative legal research that is moved from the absence of legal norms or legal principles. The absence of legal norms in this study is contained in the provisions of Law No. 8 of 1999 concerning Consumer Protection which does not explicitly regulate bottled drinking water business actors that are not equipped with a marketing authorization to maintain food safety. This study uses a statutory approach and a case approach.              The conclusion of this study is the law enforcement against bottled drinking water business actors that are not equipped with a marketing permit to maintain food security, namely by confiscating and destroying bottled drinking water without a distribution permit in maintaining food security based on statutory regulations namely Law Number 18 Year 2012 concerning Food, besides that, administrative sanctions are also given, namely warning letters and statements to bottled water companies that have not yet completed distribution licenses. Inhibiting factors in law enforcement against bottled drinking water business actors that are not equipped with marketing permits to maintain food safety are bottled drinking water companies that are unwilling to be inspected, implementation of supervision conducted by the Central Agency for Drug and Food Supervision, lack of supervisory personnel from the Food and Drug Supervisor, consumers do not understand the rights and obligations as consumers and retailers or retailers of bottled drinking water products are less responsible for their obligations. Keywords  :  Business actors in bottled drinking water, consumer protection, distribution permit.

Introduction

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Law Enforcement ◽  
Competition Law ◽  
The United States ◽  
Implicit Assumption ◽  
The European Union ◽  
Legal Principles ◽  
Competition Law Enforcement ◽  
Development Agenda

This introductory chapter provides an overview of competition law in developing countries. Following the proliferation of competition law across the globe in the last few decades, developing countries now comprise a majority of the jurisdictions that have in place a competition law. At least in terms of the language of the main substantive provisions on restrictive agreements and abuse of dominance, many of these new jurisdictions have chosen to follow the U.S. and the EU models. However, the proliferation of competition law regimes has given rise to a fear of balkanization of competition law enforcement and an excessive compliance burden for businesses, especially multi-national corporations. Out of this fear grew the rallying cry for convergence. The implicit assumption behind the drive for convergence is that there exists one or a handful of models of competition law enforcement that are suitable for most countries across the globe, to which new jurisdictions are expected to converge. Some commentators and officials have challenged this, questioning whether the legal principles regulating markets in the industrialized economies of the United States and the European Union can be transplanted directly to developing countries. Apart from the need to tailor to the local economic environment, competition law must contribute to the economic growth and development agenda of developing countries.

scholarly journals The Effect of Brand Associations and Brand Awareness on the Decision to Buy a Sim Card

2020 ◽  
Vol 1 (2) ◽  
pp. 72-77
Author(s):  
Yayuk Yuliana Yayuk ◽  
Mardi Giwa Putra
Keyword(s):  
Rapid Development ◽  
Strong Relationship ◽  
Brand Awareness ◽  
Brand Associations ◽  
Business World ◽  
Goods And Services ◽  
Technological Developments ◽  
The Times ◽  
Fierce Competition ◽  
Practice Marketing

In the rapid development of technology, the business world is required to compete in this globalization era. The company is expected to keep abreast of technological developments accompanied by producing goods that are in accordance with the times and are full of innovative. Considering now, cellphone is a necessity item that cannot be separated from daily life, of course, causing increasingly fierce competition between cellulair operators to attract the attention of consumers to want to use and remain loyal to their products. This is the basis for thinking of this research with its long-term goal of creating a close and strong relationship with consumers through brand equity . In the context of creating loyal customers, the task of marketers is always not focused on the effort to practice marketing mix as the main strategy. The short-term goal is to analyze the influence of brand awareness  and, brand associations. In relation to Sim cards more and more choices of goods and services make possibilities moving brands are higher, customers are less loyal so they need to get attention.  The results obtained that there are three variables that have a significant effect partially, namely brand associations  with a significance value of probabilities as α of 0,000 <0.05 while the calculated value> t table is 8.871> 0.1996.  The results of the t test calculation of the Brand Awareness  variable obtained the significance value of the probability α of 0.223> 0.05 while the value of t count <t table is -2222 <0.1996. 

scholarly journals Koordinasi Wewenang Komisi Pemberantasan Korupsi (KPK) dengan Penegak Hukum Lainnya dalam Melakukan Penyidikan Tindak Pidana Korupsi

2021 ◽  
Vol 2 (1) ◽  
pp. 119-124
Author(s):  
Ni Putu Gita Loka Chindiyana Dewi ◽  
I Nyoman Sujana ◽  
Luh Putu Suryani
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Implementation Approach ◽  
The World ◽  
The Government ◽  
The Relationship ◽  
Crime Of Corruption

Corruption is a problem in the economy of every nation in the world, whether in Government or private environments. With the promulgation of Act No. 31 of the year 1999 Jo Act No. 20 year 2001. The Government in the year 2002 through Law – Law Number 30 year 2002 about corruption eradication Commission formed corruption eradication Commission (KPK) which is a specialized agency in dealing with the special corruption. At issue is how the authorities of the corruption eradication Commission (KPK) in conducting the investigation, the crime of corruption? And how coordination between the corruption eradication Commission (KPK) and other law enforcement agencies in conducting the investigation, the crime of corruption? The study used is the normative legal research i.e. research examines law is a law written from various aspects, but does not examine aspects of applied or implementation. Approach this research method by means of reviewing all laws, understanding the hierarchy of principles and legislation. The conclusion in May of this research is that in regards to the investigation of criminal acts of corruption, the corruption eradication Commission (KPK) has authority that is doing the coordination and supervision that can perform the takeover against investigation or the prosecution conducted by the Police and the Prosecutor's Office. But in the relationship between the coordination with other law enforcement agencies KPK still haven't made good cooperation.

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