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Core-Plasma Pattern Partnership Agreement with Micro-Small Business based on the Perspective of Competition Law Tri Anggraini, Anna Maria; Kerti, Renti Maharaini; Sabirin, Ahmad
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 1: March 2023
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0501.476

Partnership agreements that aim to mutually benefit both parties, especially empowering micro and small businesses, often have unfavorable consequences for parties whose bargaining position is weak, so that the business competition authority is also given supervisory authority over the implementation of the agreement. The imbalance in bargaining position in this agreement is the reason for writing to raise the issue of understanding owning and/or controlling micro and small businesses according to the applicable regulations and how it is implemented in the nucleus plasma partnership scheme for the oil palm plantation sector. This normative research includes prescriptive research using secondary data which is analyzed qualitatively and concluded using deductive methods. The results of this study indicate that the notion of having is defined as ownership of equity or capital, while the term control focuses more on managerial control which ultimately has an impact on asset control. The partnership agreement contains several clauses that have the potential to own and/or control micro-small businesses according to Law 20/2008 jo. Law 11/2020, besides that, it also has the potential to violate the provisions or principles of unfair business competition. However, this potential violation is difficult for competition authorities to reach due to the absence of technical regulations that explain the meaning of owning and/or controlling micro and small businesses. Therefore, KPPU needs to prepare further regulations in the form of guidelines that explain the limitations.

Civil and Political Rights in Constitutionality of Accommodation of Individual Candidates and Elimination of Presidential Thresholds from the Perspective of the 1945 Constitution Sabirin, Ahmad; Notoprayitno, Maya Indrasti; Ramadhan, Jihad; Herfian, Raafid Haidar
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 2: September 2023
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0502.499

Indonesia will hold presidential and vice-presidential elections, however, currently, the election mechanism for presidential and vice-presidential candidates only accommodated nominations through political parties and also still uses the provisions of the Presidential Threshold. Indonesia is a country that adheres to a democratic system which of course strongly adheres to the principle of people's sovereignty which guarantees the rights of all its citizens, and should also accommodate the mechanism of presidential nomination through individual or independent channels. Thus, blocking the rights of some citizens who wish to nominate themselves through non-political party channels, indicates that democratic principles have not been implemented properly. Based on this background, the formulation of the problem, how is the accommodation of individual candidates in the presidential election and the elimination of the presidential nomination threshold in Indonesia and the solution as a democratic country from the perspective of the 1945 Constitution? The type of research used is juridical-normative research, in designing the format of the mechanism for the recruitment of candidates for president and vice president in the electoral system in Indonesia, it must be by democratic principles, this is based on the preamble of the 1945 Constitution as the highest law in Indonesia that adheres to the principle of people's sovereignty. To implement democratic principles well in general elections, Indonesia needs to apply a two-door recruitment mechanism format, which is a format that provides two kinds of doors as a nomination pathway. Based on this, it is necessary to immediately implement and realize a two-door nomination mechanism, namely through political parties and also through individual or independent channels in the Presidential Election and it is also necessary to remove the Presidential Threshold to carry out democratic elections. and justice to maintain peace and prosperity.

Consumer Protection Regarding Health Information and Warnings on Tobacco Cigarette Packaging Anggraini, Anna Maria Tri; Purnamasari, Dian; Sabirin, Ahmad; Putra, Dimas Ananta; Elizaga , Jhon Rojell Y.
Journal of Consumer Sciences Vol. 9 No. 2 (2024): Journal of Consumer Sciences
Publisher : Department of Family and Consumer Sciences, Faculty of Human Ecology, IPB University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29244/jcs.9.2.247-265

Indonesia is one of the countries that has a cigarette community, it becomes a problem when the packaging on cigarettes does not provide accurate information, this certainly blames consumer protection. This study aims to delineate consumer protection measures regarding tobacco cigarette circulation without providing accurate information. Conducted in a normative framework. The findings suggest that legal protection for cigarette consumers who receive unclear or inaccurate information on cigarette product packaging can encompass preventive and repressive legal measures. Preventive measures are outlined in PP No. 109 of 2012 and PERMENKES No. 28 of 2013, specifically in Article 4 sub-articles c and i. Conversely, repressive measures enable individuals to file complaints with the Consumer Dispute Settlement Agency (known as BPSK) or initiate lawsuits. Furthermore, the responsibility of business actors to provide accurate information is underscored by Decision Number 32/Pid.B/2021/Pt. Pbr. This responsibility extends not only to distributors but also to cigarette manufacturers, such as PT. Leadon International, found in violation of various regulations, including Article 8 paragraph (1) sub-paragraphs a I, and j of the Godrej Consumer Products Limited (GCPL), in conjunction with Article 14 of Government Regulation Number 109 of 2012, and Article 10 paragraph (2) sub-paragraph a and paragraph (3) of PERMENKES No.28 of 2013. Sanctions for producers should adhere to Article 19, in conjunction with Article 62 paragraph (1) of the GCPL. At the same time, distributors face reprimands for product withdrawals as stipulated in Article 60 paragraph (3) of PP No. 109 of 2012.

Quo Vadis Loss and Damage Fund After Cop28? Zuhra, Amalia; Sabirin, Ahmad
ADPEBI International Journal of Business and Social Science Vol. 4 No. 1 (2024)
Publisher : Asosiasi Dosen Peneliti Ilmu Ekonomi dan Bisnis Indonesia (Adpebi)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54099/aijbs.v4i1.940

One of the critical decisions of COP28 related to the L&D fund. Developing countries are confused. If the WB manages L&D, 12% of the fund will be deducted from the WB. If the fund is not managed correctly with World Bank standards, transaction costs, and leakage will result in the L&D fund losing a lot. Based on background, the paper examines how financing climate change L&D will work for developing countries. The findings in this paper show that if the WB manages the L&D fund. The fund management's independence, transparency, and effectiveness will likely be interfered with by certain countries with interests. Therefore, it is essential to publish an independent institution for managing and operating the distribution of L&D funds under the auspices of the UNFCC. In addition, the need for a particular chapter in the IPCC on L&D funds encourages and strengthens the seriousness of developed countries with the consistency of responsibility for the fund. Also, private companies that have interests or contribute the most to high emissions need to contribute to this fund. Furthermore, in the author's opinion, L&D funding is considered successful if it fulfills the following four things: consistency, clarity, community-driven, and corruption-free

Quo Vadis Technology-Based Companies to Issue MVS When Conducting an IPO on the IDX Keumala, Dinda; Sabirin, Ahmad; Balqies, Izzah; Pahlevi, Ahmad Gozzy
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.31710

This paper aims to examine whether technology-based companies issue multiple voting shares when conducting an initial public offering on the stock exchange is needed in Indonesia to be an urgency in Indonesia. The application of multi-voting shares must follow the stipulated provisions, starting from the share lock-up period to the validity period of the multi-voting shares. This article used normative legal research methods. The research findings show that shares with multiple voting rights give a lot of votes to old shareholders with a determination before the initial public offering and determined in the articles of association of the company. New shareholders, despite owning the majority of shares, only have 1 (one) vote per share or as in Law Number 40 of 2007 concerning Limited Liability Companies known as “one share one vote”. This optional policy implies that the shareholders, although the majority, do not control the company. This means that ordinary shareholders, although the majority, can only enjoy profits through capital gains and dividend distribution. However, if the issuer suffers a loss, the ordinary shareholders, who are the majority shareholders, will suffer the biggest loss.

Is There a Need to Expand the Refugee Definition? Cahyana, Intan Nevia; Sabirin, Ahmad
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 3 (2024): September
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i3.34057

This article examines the urgency of protecting against displacement caused by climate change under international law and questions why Rohingya displacement has not been resolved even though it has been protected by international law, whether the harmonization of human rights approaches, national law, and international law towards refugees and climate refugees. This paper uses a literature review method and a normative legal approach by reviewing national and international human rights law. The findings of this paper suggest that many Rohingya continue to flee to safer countries, often taking enormous risks, including dangerous ocean crossings. The impacts of climate change can be categorized as persecution; the Refugee Convention requires that such persecution be due to race, religion, nationality, political opinion, or membership of a particular social group. Persecution alone is not enough. The difficulty is that the impacts of climate change are largely indiscriminate and not related to specific characteristics such as a person's background or beliefs. The Rohingya people have experienced violence, discrimination, and persecution for decades, and the international community has failed to protect them effectively. The international community has allowed Myanmar to carry out genocide against the Rohingya without taking any action, even though United Nations member states are obliged to protect their population from genocide, war crimes, ethnic cleansing, and crimes against humanity. National, international, and human rights laws play an important role in determining the legal status and rights of refugees in a country. All three must be embedded and integrated, starting from international law and its derivatives to national law, which contains humanitarian rights.

QUO VADIS AKUISISI TOKOPEDIA OLEH GOJEK DI ERA EKONOMI DIGITAL? Quo Vadis Tokopedia Acquisition by Gojek in the Digital Economy Era? Sabirin, Ahmad; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19818

From early 2021 to 2022, Acquisitions and Mergers are an interesting issue to discuss. Two large companies, namely PT Karya Anak Bangsa, made acquisitions of PT Tokopedia. KPPU, as the supervisory body for business competition, assessed the acquisitions of the two companies, whether or not the acquisitions made by a business violated business competition in Indonesia. If we look at the provisions of Law No. 5 Year 1999 which provides three indicators to declare the existence of unfair business competition, namely; 1) Business competition conducted dishonestly; 2) Business competition is conducted in an unlawful manner. 3) Business competition conducted by inhibiting competition among business actors. These indicators have their own challenges in the era of digital economy as today, there are many challenges in enforcing business competition. Merger assessment using the SLC test method is insufficient to apply because the SLC test focuses less on market structure issues, and only focuses on the competitive impact of the acquisition and the market power that emerges after the acquisition. That is, the SLC test looks at the likelihood that prices will rise after an acquisition occurs. While the determination of relevant market and market share is very important in assessing the effect on competition, this has been done by the European Union, so the assessment of acquisitions for large technology companies needs to be evaluated.

The Effect of Cast Iron Preheating on the Microstructure of Welding Results by Using Cin-2 Electrodes Sabirin, Ahmad; Purwantono, Purwantono
Teknomekanik Vol. 3 No. 2 (2020): Regular Issue
Publisher : Universitas Negeri Padang

Cast iron is commonly found in engineering tools such as machine frames, vise, lathes, planers, pressing tools, V-belt pulleys and others. Cast iron is a metal which is relatively difficult to weld because it contains more than 0.3% carbon. As a matter of fact, a lot of welding workers still experience failure in welding the cast iron, so they require the proper procedures to perform welding on the cast iron like the heat treatment before the welding. This study was aimed at obtaining the effect of preheating variations on the weld joints in which the process of welding the material used the type of open V seam connection. The specimen used was a cast iron with a thickness of 10 mm and the electrode used was the JIS Z 3252 DFCNiFe electrode. The method applied in this research was the microstructure observation testing toward the welding result by using Shielded Metal Arc Welding (SMAW). Based on the results of the study, it can be concluded that by applying the preheating variation treatment on the cast iron welding, there was a change in the microstructure and it was dominated by pearlite-ferrite in the weld metal area. As a result, the rough graphite that looks like roots became smooth after experiencing the preheating treatment because the ferrite was evenly distributed in the heat affected area. To conclude, the most superior specimen for the cast iron preheating among the four specimens was the one with 425oC temperature.

Legal Vacuums: The Challenge of Protection for Climate Refugees Sabirin, Ahmad; Bayuaji, Anandayu Pavita; Keumala, Dinda
Lampung Journal of International Law Vol. 6 No. 2 (2024)
Publisher : Faculty of Law Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/lajil.v6i2.3421

Climate change has triggered massive migrations known as climate refugees, individuals who have been forced to leave their homes due to natural disasters and deteriorating environmental conditions. However, the legal vacuum protecting climate refugees is an urgent issue. This article discusses the need to establish new conventions or protocols that specifically regulate the status and safety of refugees due to climate change. The research method is a normative juridical approach analysing applicable legal regulations and relevant case studies. The new convention should clearly define climate refugees, establish their fundamental rights, and affirm the principle of non-refoulement to protect them from deportation to dangerous areas. In addition, the state's responsibility in providing protection and funding mechanisms must also be regulated. While challenges such as disagreements between countries and a lack of awareness remain, global initiatives show progress toward better protection for climate refugees. As such, it is hoped that the new legal framework can provide legal clarity and ensure that the rights of climate refugees are recognised and protected internationally.

Consumer Protection Regarding Health Information and Warnings on Tobacco Cigarette Packaging Anggraini, Anna Maria Tri; Purnamasari, Dian; Sabirin, Ahmad; Putra, Dimas Ananta; Elizaga , Jhon Rojell Y.
Journal of Consumer Sciences Vol. 9 No. 2 (2024): Journal of Consumer Sciences
Publisher : Department of Family and Consumer Sciences, Faculty of Human Ecology, IPB University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29244/jcs.9.2.247-265

Indonesia is one of the countries that has a cigarette community, it becomes a problem when the packaging on cigarettes does not provide accurate information, this certainly blames consumer protection. This study aims to delineate consumer protection measures regarding tobacco cigarette circulation without providing accurate information. Conducted in a normative framework. The findings suggest that legal protection for cigarette consumers who receive unclear or inaccurate information on cigarette product packaging can encompass preventive and repressive legal measures. Preventive measures are outlined in PP No. 109 of 2012 and PERMENKES No. 28 of 2013, specifically in Article 4 sub-articles c and i. Conversely, repressive measures enable individuals to file complaints with the Consumer Dispute Settlement Agency (known as BPSK) or initiate lawsuits. Furthermore, the responsibility of business actors to provide accurate information is underscored by Decision Number 32/Pid.B/2021/Pt. Pbr. This responsibility extends not only to distributors but also to cigarette manufacturers, such as PT. Leadon International, found in violation of various regulations, including Article 8 paragraph (1) sub-paragraphs a I, and j of the Godrej Consumer Products Limited (GCPL), in conjunction with Article 14 of Government Regulation Number 109 of 2012, and Article 10 paragraph (2) sub-paragraph a and paragraph (3) of PERMENKES No.28 of 2013. Sanctions for producers should adhere to Article 19, in conjunction with Article 62 paragraph (1) of the GCPL. At the same time, distributors face reprimands for product withdrawals as stipulated in Article 60 paragraph (3) of PP No. 109 of 2012.

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