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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.

Consumer Protection for High School Students with Disabilities: Between Practice and Context Anggraini, Anna Maria Tri; Sabirin, Ahmad; Israriyanto, Muhammad Firli; Abrianti, Sharda
Journal of Consumer Sciences Vol. 10 No. 1 (2025): 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.10.1.78-96

Background: In fact, there are still many students with disabilities who do not get their rights in schools with adequate facilities and infrastructure. Purpose: This study examines how consumer protection efforts are carried out by four (4) high schools in North Bekasi District based on Bekasi Regional Regulation Number 16 of 2019 concerning the Protection and Fulfilment of the Rights of Persons with Disabilities and Consumer Protection Obstacles faced by four high schools in North Bekasi District based on Bekasi Regional Regulation Number 16 of 2019. Methods: This research is normative, based on secondary and primary data gathered through direct interviews with the authorities in four (4) high schools in Bekasi. Findings: The interesting findings are that consumer protection efforts to protect and fulfill the rights of persons with disabilities are still not fully implemented. Related, the fulfillment of the right to inclusive education has been fully implemented but is inversely proportional to the implementation of accessibility. The obstacles faced in realizing consumer protection for students with disabilities are in fulfilling accessibility, both non-physical and physical accessibility. Conclusions: This study shows that although consumer protection efforts to fulfill the rights of persons with disabilities in four high schools in North Bekasi District have been carried out, their implementations are still not fully effective, especially for accessibility. Although the right to inclusive education has been fulfilled, significant challenges remain in ensuring adequate physical and non-physical accessibility. Research implication: The study is expected to provide input to the local government of Bekasi and other local governments on paying attention to the rights of people with disabilities in schools, both facilities and pre-facilities, to provide comfort and the rights of citizens as mandated in the constitution of justice for the entire nation of Indonesia.

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

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