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ENSURING JUSTICE AND UTILITY: Addressing Alleged Monopolistic Practices in Ibu Kota Nusantara Anggraini, Anna Maria Tri; Sabirin, Ahmad; Abriant, Sharda; Rahma, Rais Akbar; Wibawa, Berto Mulia
Jurisdictie: Jurnal Hukum dan Syariah Vol 15, No 2 (2024): Jurisdictie
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j.v15i2.28765

This paper investigates the potential implications of establishing PT Karya Logistik Nusantara regarding Indonesia's antimonopoly law, particularly concerning the production and distribution of concrete for construction in Ibu Kota Nusantara (IKN). PT Karya Logistik Nusantara is a joint venture adhering to the procedures for forming a Limited Liability Company (LLC). As an LLC, it does not qualify as a State-Owned Enterprise (SOE). Utilizing a normative legal research method, this study highlights critical findings regarding the establishment of a Special Purpose Vehicle (SPV) for concrete production and logistics services in the new capital. There are concerns that this arrangement may violate trust provisions, mainly due to the merger of six construction State-Owned Enterprises (SOEs), which raises the possibility of monopolistic practices. Such practices could hinder competition by creating barriers to entry for other businesses, as the merged entities control approximately 60% of the market share for concrete in Ibu Kota Nusantara (IKN). In conclusion, the study emphasizes the need to scrutinize these developments to ensure compliance with competition law and promote a fair market environment. Recommendations for further research and regulatory oversight are also suggested to mitigate potential monopolistic behaviors.Artikel ini menyelidiki implikasi potensial dari pendirian PT Karya Logistik Nusantara dalam kaitannya dengan UU Antimonopoli Indonesia, khususnya mengenai produksi dan distribusi beton untuk konstruksi di Ibu Kota Nusantara. PT Karya Logistik Nusantara adalah perusahaan patungan yang telah mematuhi prosedur yang diperlukan untuk membentuk Perseroan Terbatas (LLC). Sebagai LLC, itu tidak memenuhi syarat sebagai Badan Usaha Milik Negara (BUMN). Memanfaatkan metode penelitian hukum normatif, penelitian ini menyoroti temuan penting mengenai pembentukan Special Purpose Vehicle (SPV) untuk layanan produksi dan logistik beton di ibu kota baru. Ada kekhawatiran bahwa pengaturan ini dapat melanggar ketentuan kepercayaan, terutama karena penggabungan enam BUMN konstruksi, yang meningkatkan kemungkinan praktik monopoli. Praktik semacam itu dapat menghambat persaingan dengan menciptakan hambatan masuk bagi bisnis lain, karena entitas yang digabungkan menguasai sekitar 60% pangsa pasar beton di Ibu Kota Nusantara. Kesimpulannya, studi ini menekankan perlunya pengawasan yang cermat terhadap perkembangan ini untuk memastikan kepatuhan terhadap hukum persaingan dan untuk mempromosikan lingkungan pasar yang adil. Rekomendasi untuk penelitian lebih lanjut dan pengawasan peraturan juga disarankan untuk mengurangi potensi perilaku monopoli.

Indonesia’s Sustainable Green Economy Policy in the Energy Sector: Challenges and Expectations Keumala, Dinda; Sabirin, Ahmad; Setiyono, Setiyono; Az, M. Fariduddin; Arranchado, Jimi Rambo
Jurnal Media Hukum Vol. 32 No. 1: June 2025
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v32i1.24109

This paper comprehensively analyzes the challenges and prospects for achieving a sustainable green economy in Indonesia's energy sector, where fossil fuels dominate approximately 90.4 percent of the domestic energy supply, making the sector a major contributor to emissions. Despite ambitious targets, renewable energy development has progressed slowly, with only 0.97 GW capacity achieved out of a 3.4 GW target by the fourth quarter of 2023. Employing a normative research approach, this study draws from primary and secondary data sources to explore the obstacles hindering green economic transformation, including limited financing for technological innovation, insufficient long-term environmental policies, human resource constraints, institutional structures, regulatory coherence, and the need to balance economic tradeoffs. Key findings highlight that Indonesia must bolster its legal framework, strengthen infrastructure, foster policy alignment, secure financing, enhance technological capabilities, and expand renewable energy capacity. This paper seeks to contribute insights for formulating an integrated, resilient strategy to accelerate Indonesia's transition to a green economy within the energy sector.

How Do International Economic Laws Impact Sustainable Development Goals? Zuhra, Amalia; Sabirin, Ahmad
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol 18, No 2 (2024): ADLIYA: JURNAL HUKUM DAN KEMANUSIAAN
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i2.35985

IEL plays an important role in achieving the SDGs which is influenced by the design and application of the law. International trade agreements can limit government policies that support sustainable development, while international financial regulations affect the flow of funds for sustainable projects. The role of multilateral development banks and international investment is significant in supporting the SDGs. This study examines the extent to which IEL affects the implementation of the SDGs and recommends best practices and strategies that can be adopted to increase IEL's contribution to sustainable development. This research uses a qualitative approach and analyzes legal documents, case studies, and expert interviews. The interesting findings of this study show that the IEL supports the rule of law by promoting transparency and accountability. However, there are still challenges such as power imbalances between developed and developing countries, legal compliance, and the integration of IELs with the SDGs. In addition, IELs can support or hinder the SDGs, depending on their design and implementation. The impact of free trade agreements on the SDGs shows the economic and environmental benefits as well as the challenges of inequality and environmental degradation. Meanwhile, the recommendations that can be given from this study are that to increase IEL's contribution to the SDGs include the integration of sustainable policies in trade agreements, green investment, strengthening law enforcement mechanisms, transparency and stakeholder participation, and the development of international cooperation.

The Reporting Delay Of Acquisition Of Companies In The Post Merger Notification System According To The Law Of Business Competition In Indonesia Sabirin, Ahmad
Journal of Economic and Business Law Review Vol 2 No 2 (2022): Journal of Economic & Business Law Review
Publisher : Pusat Kajian Hukum Perbankan Fakultas Hukum Universitas Jember

The implementation of post-merger notification in Indonesia makes it very difficult for the reporting itself and the finances of business actors. For that, the authors recommend that the implementation of the pre-merger notification is a good thing to be implemented in Indonesia, where the pre-merger notification system has been tested in several countries in the United States, Australia, Japan, South Korea, and Germany as well as several ASEAN member countries, such as Thailand, Singapore and the Philippines. Thus, business actors wishing to merge have made prior reports and notifications to KPPU, so that in conducting assessment, monitoring and supervision can prevent monopolistic practices and unfair business competition. As far as possible, this will provide many advantages and efficiency both for business actors and for KPPU in conducting monitoring and supervision due to the practice of mergers.

How Do International Economic Laws Impact Sustainable Development Goals? Zuhra, Amalia; Sabirin, Ahmad
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 18 No. 2 (2024): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i2.35985

IEL plays an important role in achieving the SDGs which is influenced by the design and application of the law. International trade agreements can limit government policies that support sustainable development, while international financial regulations affect the flow of funds for sustainable projects. The role of multilateral development banks and international investment is significant in supporting the SDGs. This study examines the extent to which IEL affects the implementation of the SDGs and recommends best practices and strategies that can be adopted to increase IEL's contribution to sustainable development. This research uses a qualitative approach and analyzes legal documents, case studies, and expert interviews. The interesting findings of this study show that the IEL supports the rule of law by promoting transparency and accountability. However, there are still challenges such as power imbalances between developed and developing countries, legal compliance, and the integration of IELs with the SDGs. In addition, IELs can support or hinder the SDGs, depending on their design and implementation. The impact of free trade agreements on the SDGs shows the economic and environmental benefits as well as the challenges of inequality and environmental degradation. Meanwhile, the recommendations that can be given from this study are that to increase IEL's contribution to the SDGs include the integration of sustainable policies in trade agreements, green investment, strengthening law enforcement mechanisms, transparency and stakeholder participation, and the development of international cooperation.

The carbon conundrum: Hopes and hurdles in Indonesia’s OJK-led trading scheme Keumala, Dinda; Sabirin, Ahmad; Nursantih, Nadia; Almadinatulmunawaroh, Elya; Kadir, Anita
Jurnal Hukum Novelty Vol. 16 No. 1 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i1.28639

Introduction to the Problem: Indonesia is one of the world's largest carbon emitters and has good potential for carbon trading. However, several aspects of carbon trading in Indonesia still need to be addressed, including difficulties in carbon value, carbon price setting, market monitoring, and carbon trading infrastructure development. Purpose/Objective Study: The research examines Indonesia’s carbon trading challenges and opportunities in the climate change era. Then, what is OJK's role in terms of carbon trading? Design/Methodology/Approach: The research methods used a normative study by looking at carbon emission trading regulations in Indonesia, as well as a systematic literature review involving researching, reading, analyzing, evaluating, and summarizing scholarly literature. Finding: The study reveals that OJK regulates carbon trading through frameworks like Law No. 4 of 2023 and OJK Regulation No. 14 of 2023, enabling carbon units to be traded as securities with a market potential of US$300 billion per year, supported by Indonesia's forests' carbon sequestration. Key challenges include developing carbon trading infrastructure, mastering emission reduction technologies, effective OJK market surveillance, and enhancing public engagement and transparency. Opportunities include economic growth from foreign investment, promoting sustainable development through renewable energy projects, and integrating with the global carbon market. OJK's role is crucial in regulating and supervising carbon trading, developing market infrastructure, ensuring compliance, building participant capacity, aligning with international standards, supporting climate change mitigation, and fostering international partnerships. Thus, OJK is essential for transparent, fair, and compliant carbon trading, addressing challenges, and leveraging opportunities, supporting Indonesia's net-zero emissions target by 2060 and global climate goals. Paper Type: Research Article

Optimalisasi Perlindungan Ekspresi Budaya Masyarakat Adat di Indonesia Cahyana, Intan Nevia; Sabirin, Ahmad
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 2 (2023): July Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.209-220

There are approximately 33 types of Indonesian culture that have been claimed as belonging to other countries. Among others, there are Reog Ponorogo and Kuda Lumping Dance; both are from East Java. This proves that the regulation of protection related to TCSe in Indonesia has not provided satisfaction to this nation. Based on this phenomenon, the authors are interested in providing solutions through this research. The type of research is juridical-normative. Furthermore, this research intends to define the TCSe protection mechanisms to assist the Indonesian economy given that legal efforts in developing the “expressions of folklore” will benefit the regional economy. After conducting the research, the authors concluded two major findings. First, so far, the protection of TCSe has not been regulated specifically. As a result, TCSe does not have a strong position concerning its legality. Therefore, it becomes vulnerable and blemishes the occurrence of recognition by othercountries which results in losses to the state economy. Second, specific regulations and anti-theft task forces or advocacy groups are urgently needed to help the indigenous people protect the rights of their distinctive intellectual property. Thus, specialized institutions, which control access and benefit-sharing arrangements with foreign users, are required.

Has Indonesia Safeguarded Traditional Cultural Expressions? Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Nursantih, Nadia
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24106

The Government of the Republic of Indonesia recognized the importance of intellectual property in folklore since the 1982 Copyright Law was enacted (Article 10 of Law No. 6/1982). The study seeks to understand what obstacles Indonesia faces in protecting tribal peoples' communal rights over traditional cultural expressions, also called expressions of folklore in the digital age, and how other nations are resolving them. What is Indonesia's plan for developing and safeguarding traditional cultural manifestations in the digital age, as seen from other nations? The study employs a case-based, normative legal research methodology. The findings, an urgent need for specific institutions that control access benefit sharing from usage by foreign parties, as well as a special anti-theft task force for communal intellectual property rights in the digital era that takes the form of a support organization for tribal peoples. To increase cooperation in the inventorying and documentation of Tribal peoples who own collective intellectual property, optimization also calls for coordination of involvement between the federal government, local governments, and autonomous bodies operating under them, such as the Ministry of Tourism, the Creative Economy Agency, and Tribal peoples' organizations.

Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition Anggraini, Anna Maria Tri; Sabirin, Ahmad; Wangga, Maria Silvya Elisabeth; Abrianti, Sharda; Fernandez, Serena Ortigosa
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.12437

On several occasions, Indonesian competition authorities have attempted to apply Article 14 to adjudicate violations related to vertical integration practices; however, these attempts were invalidated at the objection and cassation levels. The criteria utilized include the concepts of unfair business competition and public harm, as these terms are instrumental in determining the impacts of violations concerning vertical integration. This research aims to examine the legal approaches employed by Indonesian competition authorities in addressing vertical integration, with a particular focus on the technology sector. The findings indicate that the criteria for assessing whether vertical integration constitutes a violation of unfair business competition vary among Indonesia, the United States, and the European Union. In Indonesia, the emphasis is on preventing the exclusion of access to essential raw materials or significant buyers, utilizing the Rule of Reason approach. In contrast, the U.S. evaluates public detriment by balancing fairness and competitive benefits, whereas the EU focuses on market dominance and its potential to reduce competition. Despite these variations, all three jurisdictions share a common objective of enhancing consumer welfare and promoting competitive market conditions, with specific regard to differing regulations on online sales restrictions.

The establishment of LAPS SJK in the trajectory of history viewed from the politics of Indonesian law Setiyono, Setiyono; Keumala, Dinda; Sabirin, Ahmad; Rahmat, Nur Ezan; Suzaini, Syaqila Binte; Bayuaji, Anandayu Pavita
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a28385

Introduction to the Problem: The history of the formation of the LAPS SJK is based on the importance of consumer protection in the financial services sector. According to the law concerning the role of the Financial Service Authority, the institution is given the authority to facilitate the settlement of complaints from consumers who are harmed by the finance actors. The OJK then issued regulation (POJK) Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (LAPS SJK) which was later replaced by regulation Number 61/POJK.07/2020.Purpose/Objective Study: This research examines, how is the history of the LAPS SJK formation and how is the legal politics of the formation.Design/methodology/Approach: This research is normative, using a historical approach. It applies a descriptive method with the secondary data.Findings: The interesting finding is that the establishment of LAPS SJK is to protect consumers in the event of a dispute with the financial actors, so the legal politics regulating the LASP SJK should be an integrated part of the political scheme of consumer protection law. Institutionally, the legal politics of establishing LAPS SJK is motivated by 3 (three) reasons. The initial reason is the establishment of OJK which has a determinant role and function to supervise integrated financial services business activities for the capital market, banking, and non-banking sectors. Another reason is the reality of the advanced development of technology in the global financial services sector, and the last reason is the need of the parties involved in the financial services sector industry; both consumers and finance actors who need an ideal non-court dispute resolution institution.Paper Type: Research Article

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