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All Journal Journal of Consumer Science Jurnal Media Hukum Jurnal Hukum Novelty JURISDICTIE Jurnal Hukum dan Syariah Jurnal Ilmiah Kebijakan Hukum Journal of Consumer Sciences Unes Law Review Jambura Law Review ADLIYA: Jurnal Hukum dan Kemanusiaan International Journal of Law and Public Policy (IJLAPP) Lampung Journal of International Law (LaJIL) Teknomekanik Audito Comparative Law Journal (ACLJ) ADPEBI International Journal of Business and Social Science Journal of Economic & Business Law Review Amicus Curiae Journal of Law and Legal Reform
Sabirin, Ahmad
Unknown Affiliation
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mechanical Engineering Physics Public Health Social Sciences

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Journal : International Journal of Law and Public Policy (IJLAPP)

 1 
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

Abstract

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

Abstract

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.
Co-Authors Abriant, Sharda Abrianti, Sharda Almadinatulmunawaroh, Elya Amalia Zuhra, Amalia Anna Maria Tri Anggraini Arranchado, Jimi Rambo Az, M. Fariduddin Balqies, Izzah Bayuaji, Anandayu Pavita Berto Mulia Wibawa Dian Purnamasari Dinda Keumala Duta Adhiyaksa, Febrian Elizaga , Jhon Rojell Y. Fernandez, Séréna Ortigosa Herfian, Raafid Haidar Intan Nevia Cahyana Israriyanto, Muhammad Firli Kadir, Anita Kerti, Renti Maharaini Notoprayitno, Maya Indrasti Nursantih, Nadia Pahlevi, Ahmad Gozzy Purwantono, Purwantono Putra, Dimas Ananta Rahma, Rais Akbar Rahmat, Nur Ezan Ramadhan, Jihad Setiyono Setiyono Shafira Widianti Apcar, Janna Suzaini, Syaqila Binte Wangga, Maria Silvya Elisabeth