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All Journal Riau Law Journal Ekasakti Journal of law and Justice
Rodiatun Adawiyah
PUI PT Business Law, Universitas Prima Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of Legal Certainty and Protection for Investors for Investment Refunds in Commercial Property Sale and Purchase Agreements Ribel Sri Pipit Putri Zega; Muhammad Arif Prasetyo; Rodiatun Adawiyah
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/752tt337

Abstract

This study aims to analyze legal certainty and protection for investors for the return of investment funds in commercial property sale and purchase agreements, as well as examine the judges' legal considerations in Supreme Court Decision Number 5648 K/Pdt/2025. The research uses normative legal methods with legislative, conceptual, and case approaches. The source of legal materials consists of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that legal certainty for the return of investment funds has a juridical basis in the Civil Code through the principles of pacta sunt servanda, default, compensation, and cancellation of agreements. Legal protection for investors can be provided preventively through clear agreements, examination of the legality of objects, and security of funds, and repressively through default lawsuits, refund demands, compensation, and the implementation of court decisions. Supreme Court Decision Number 5648 K/Pdt/2025 applies the principle ne bis in idem because of the similarity of subjects, objects, and subject matter with previous disputes that have permanent legal force. The application of this principle provides legal certainty and prevents repetition of cases, but has implications for the closure of investors' opportunities to refile investment refund claims. Therefore, investor prudence and strengthening regulations in the commercial property sector are needed to ensure more effective legal protection.
Efektivitas Putusan KPPU dalam Mencegah Praktik Monopoli dan Persaingan Usaha Tidak Sehat Dian Nukhidah Zurny; Rodiatun Adawiyah; Muhammad Arif Prasetyo
Riau Law Journal Vol. 10 No. 1 (2026): Riau Law Journal
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/qznjyc24

Abstract

Monopolistic practices and unfair business competition constitute serious challenges to the national economic system, as they undermine market efficiency, harm public interests, and create inequality among business actors. To prevent and address such practices, the Indonesian government established the Komisi Pengawas Persaingan Usaha (KPPU) as an independent institution authorized to enforce competition law. This study aims to analyze the effectiveness of Decision Number 03/KPPU-I/2024 in preventing monopolistic practices and unfair business competition, as well as to assess the extent to which the decision provides legal certainty and deterrent effects for business actors. This research employs a normative legal research method using a statutory approach and a case approach. The data consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The analysis focuses on the legal reasoning of the Commission Panel, the assessment of evidentiary elements, and the administrative sanctions imposed in Decision Number 03/KPPU-I/2024. The findings indicate that Decision Number 03/KPPU-I/2024 has, in principle, fulfilled the elements of competition law enforcement as stipulated in Law Number 5 of 1999. The legal considerations applied by the Commission Panel reflect an effort to uphold the principles of fair competition and protect public interests. However, the effectiveness of the decision in preventing monopolistic practices and unfair business competition remains limited, particularly in relation to the enforcement of sanctions and the level of compliance by business actors. Therefore, strengthening the execution mechanism of KPPU decisions and enhancing institutional coordination with the judiciary are necessary to improve the effectiveness of competition law enforcement in Indonesia.
Co-Authors Dian Nukhidah Zurny Muhammad Arif Prasetyo Ribel Sri Pipit Putri Zega