I Made Kantikha
Universitas Esa Unggul, Jakarta, Indonesia

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An Analysis of Legal Protection for Consumers in Relation to Predatory Pricing Practices by PT Conch South Kalimantan Cement: A Case Study of Supreme Court Decision No. 951 K/Pdt.Sus-KPPU/2021 Hana Muthiah; I Made Kantikha; Wasis Susetio; Helvis
International Journal of Science and Society Vol 8 No 1 (2026): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v8i1.1621

Abstract

This study analyzes the legal protection afforded to consumers in relation to predatory pricing practices carried out by PT Conch South Kalimantan Cement, as examined in Supreme Court Decision No. 951 K/Pdt.Sus-KPPU/2021. Predatory pricing as an unfair pricing strategy not only disrupts fair business competition but also creates long-term negative effects for consumers, including reduced market choices, the risk of monopolization, and the loss of their rights to fair prices, product quality, and sustainable supply. The research employs a normative juridical method with a case approach, drawing upon judicial decisions, Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, and relevant consumer protection regulations. The findings indicate that PT Conch’s conduct meets the legal criteria for predatory pricing, resulting in adverse impacts on market dynamics and consumer welfare. The Supreme Court’s ruling upholds KPPU’s findings and underscores the role of competition law enforcement as an indirect mechanism for consumer protection. This study concludes that safeguarding consumers from predatory pricing requires not only price monitoring but also consistent enforcement of competition law to ensure a healthy, competitive market structure that supports the fulfillment of consumer rights.
Criminal Liability of a Juvenile Offender in Sexual Violence Resulting in Reproductive Organ Injury to the Victim Novia Safitri Berliansari; I Made Kantikha; Markoni; Malemna Sura Anabertha Sembiring
International Journal of Science and Society Vol 8 No 1 (2026): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v8i1.1626

Abstract

This study examines juvenile criminal liability and judicial reasoning in Decision No. 12/Pid.Sus-Anak/2025/PN Sbw through the lens of proportional justice. Employing normative (doctrinal) legal research, the study applies statutory, conceptual, and case approaches by analyzing the applicable legal framework on juvenile justice and sexual violence, relevant criminal law doctrines on liability and causation, and the structure of the court’s reasoning. The findings show that the elements of criminal liability were established covering the actus reus, mens rea, accountability, and the causal nexus between the conduct and the victim’s injury, and yet the sentencing rationale largely centered on the offender’s status as a child under the Juvenile Criminal Justice System Act. As a result, the judgment did not sufficiently articulate the victim’s severe reproductive harm as a decisive aggravating factor for proportional sentencing. This study argues for more robust and transparent judicial reasoning that integrates juvenile justice principles with victim-protection mandates, including a harmonized reading of the juvenile justice regime and the sexual violence legal framework, to secure a substantively fair balance between child protection and victims’ rights.