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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Rechtsidee Jurnal Daulat Hukum Unram Law Review DE LEGA LATA: Jurnal Ilmu Hukum Widya Yuridika Literasi Hukum Notaire KRTHA BHAYANGKARA JURNAL USM LAW REVIEW Journal of Law, Poliitic and Humanities Jurnal Legislasi Indonesia
Hutabarat, Sylvana Murni Deborah
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Tender Rigging in the Procurement of Cryo-Electron Microscopes (Cryo-EM) and Transmission Electron Microscopes (TEM) at BRIN (Case Study Decision: 02/KPPU-L/2024) Ardiana, Oktavia Dwi; Hutabarat, Sylvana Murni Deborah
Jurnal Daulat Hukum Vol 8, No 3 (2025): September 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i3.48477

Abstract

This study discusses the practice of tender rigging in the procurement of Cryo-Electron Microscope (Cryo-EM) and Transmission Electron Microscope (TEM) at BRIN based on Case Decision Number 02/KPPU-L/2024. The purpose of this study is to analyze the form of tender rigging violations that violate the provisions of Article 22 of Law No. 5 of 1999 and examine its impact on business competition, business actors, the state, and research development in Indonesia. The research method used is normative juridical with a statute approach and a case approach with qualitative data analysis methods. The results of the study indicate the existence of vertical collusion between the tender committee, namely the Working Group and the PPK with business actors, namely PT Buana Prima Raya as the tender winner and PT Multi Teknindo Infotronika as the sole agent for the product. The tender rigging was characterized by the arrangement of technical specifications that favored certain brands, discrimination by unilaterally withdrawing support from PT Transformasi Sejahtera Indonesia as the lowest bidder, and the increase in procurement and contract prices without going through a transparent competition mechanism. The resulting impacts included the creation of artificial competition, state financial losses, hampered innovation in the research sector, and a decline in national competitiveness in mastering high technology. This research emphasizes the need for strict oversight and a fair resolution mechanism so that the tender system in Indonesia can operate transparently and accountably.
PENYALAHGUNAAN POSISI DOMINAN OLEH GOOGLE DALAM SISTEM PEMBAYARAN APLIKASI DI INDONESIA Hutabarat, Sylvana Murni Deborah; Muhammad Syahrul Ramadhan
Unram Law Review Vol 9 No 2 (2025): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v9i2.413

Abstract

The development of the digital economy in Indonesia has reinforced Google’s dominance through the Google Play Store as the primary platform for application distribution among Android users. Google’s policy mandating the use of the Google Play Billing System (GPBS), with service fees of up to 30%, has raised significant legal and economic concerns. This study analyzes Google’s dominance within Indonesia’s application ecosystem under Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Employing a normative juridical method, this research adopts statutory, conceptual, and case-based approaches to evaluate whether Google’s policy constitutes an abuse of dominant position. The findings reveal that with a market share exceeding 90%, Google satisfies the criteria for a dominant position as stipulated in Article 25 of Law No. 5 of 1999. The restriction of alternative payment systems and imposition of high service fees potentially hinder competition and harm local application developers. The decision by the Indonesian Competition Commission (KPPU) to sanction Google reflects an effort to enforce the law and foster a fairer digital ecosystem in Indonesia.
Responsibility of Marketplaces and Business Actors for the Sale of Fake Herbal Medicines from the Perspective of Consumer Protection Hidayat, Muhammad Rahmadzani; Hutabarat, Sylvana Murni Deborah
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.67012

Abstract

The rapid expansion of e-commerce has significantly increased the distribution of herbal medicines, yet it has simultaneously facilitated the circulation of counterfeit products that jeopardize consumer safety and lack mandatory health permits. This phenomenon highlights a critical legal gap where the ease of marketplace transactions allows sub-standard and hazardous medicines to bypass rigorous safety standards, necessitating a clear definition of liability for both sellers and platform providers. This research employs a normative juridical method utilizing statutory and case study approaches to analyze existing legal frameworks, specifically Law Number 8 of 1999 on Consumer Protection and BPSK Decision Number 001/PNTP/BPSK-DKI/I/2025. The study reveals that marketplaces, alongside business actors, bear shared legal liability under the principle of strict liability, as platforms derive economic benefit from these transactions and are obligated as electronic system providers to ensure the security of the managed trading system. Furthermore, while the Consumer Dispute Resolution Board (BPSK) provides a mechanism for redress, its current considerations focus primarily on achieving consensus through mediation rather than conducting deep normative testing or enforcing strict sanctions for violations of consumer protection laws.
Co-Authors Akmal, Khalif Ardiana, Oktavia Dwi Awalin, Hanif Fil’ Azzahra, Dinda Cahyani, Nadzira Arrum Febriani, Risma Dwi Firdaus, Muhammad Bintang Hidayat, Muhammad Rahmadzani Himawan, Chairunnas Latri, Akhdan Adityo Muhammad Syahrul Ramadhan Nugroho, Andriyanti Adhi Rahmawitri, Mita Rizkianti, Wardani Supardi, Reisha Rizkia Sabila Taupiqqurrahman Tesalonika, Beatrice