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All Journal JURNAL RECHTENS Welfare State Jurnal Hukum
Supianto Supianto
Universitas Islam Jember, Indonesia
Law, Crime, Criminology & Criminal Justice

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Kewenangan Komisi Pengawas Persaingan Usaha Republik Indonesia dalam Sistem Peradilan di Indonesia Derin Fernanda Ainun Nisa; Rumawi Rumawi; Ahmad Junaidi; Supianto Supianto; Mohammad Ali; Udiyo Basuki; Sri Astutik; Asmarani Tri Andari
JURNAL RECHTENS Vol. 15 No. 1 (2026): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

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Abstract

The KPPU has the authority to act as an investigator and decision-maker in cases that have the potential to be misused on a large scale. The KPPU's decision-making authority complicates its position in the state system, especially considering its multifunctional role. The objectives of this study are: 1. To explain the KPPU's authority. 2. To describe the KPPU's authority in the judicial system. This study uses a statutory approach and a conceptual approach. The results of the study indicate that 1. Based on the explanation above, the essence of the KPPU's authority, as outlined by Indonesian competition law, is as follows: First, Investigation, Second, Examination, Third, Evidence, Fourth, Sanctions and Decisions, Fifth, Supervision and Law Enforcement. 2. Determining the limits of a state's power has become an important component in running a state system. As explained by Jimly in his research, which mentions the true concept of the separation of powers of a state. Then, regarding the duties and authorities held by the KPPU, the researcher assesses that this does not deviate from the principle of limiting state power. Because the implementation of these authorities and duties falls within the domain of the executive branch of government and administrative functions, the KPPU has extensive authority to decide cases and impose sanctions, which are not far from administrative sanctions
Ekstensifikasi Kekuatan Eksekutorial Sertifikat Jaminan Fidusia terhadap Benda di Luar Objek Jaminan Supianto Supianto; Nanang Tri Budiman
WELFARE STATE Jurnal Hukum Vol. 5 No. 2 (2026): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v5i2.6565

Abstract

This study aims to explain the extension of the executory power of a fiduciary guarantee certificate to assets other than those serving as the specific object of the fiduciary guarantee. Such a situation arises when the proceeds from the sale of the guaranteed object are insufficient to settle the debtor's outstanding principal debt, interest, and penalties. The study employs a normative legal research method, utilizing both statutory and conceptual approaches. The analysis reveals that the executory power inherent in the executory clause of a Fiduciary Guarantee Certificate is exclusively in rem in nature, applying only to the specific object registered and legally encumbered under the Fiduciary Guarantee Deed. The settlement of any remaining debt is subject to the general guarantee principle set forth in Article 1131 of the Indonesian Civil Code, which does not provide for immediate executory title. Consequently, a lawful and equitable collection procedure must be pursued by filing a standard civil lawsuit for breach of contract with the District Court to obtain a judgment with permanent legal force.
Co-Authors Ahmad Junaidi Asmarani Tri Andari Derin Fernanda Ainun Nisa Mohammad Ali Nanang Tri Budiman Rumawi Rumawi Sri Astutik Udiyo Basuki