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E-Hailing Transportation and the Issue of Competition in Indonesia Anggriawan, Rizaldy
Indonesian Comparative Law Review Vol 2, No 1: December 2019
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.2116

E-hailing transportation can be an alternative solution for both fulfilling the increasing demand for public transportation and reducing the number of vehicles on the road. As a populated country, Indonesia has benefited much from the emergence of e-hailing transportation. Unfortunately, despite positive impacts that have been enjoyed, numerous issues have arisen along with the growth of e-hailing transportation in the country. There are several indications that e-hailing companies have been involving in an unfair competition, including predatory pricing. This is done by offering very low fare of transportation services (commonly referred to as promotion fare) whose purpose is to eliminate their competitors. As such, the winner will be monopolizing the market and harming the ecosystem in it. The aims of this paper is to examine whether the Indonesian competition law can address the unfair business competition within e-hailing industry. It is found that e-hailing industry in Indonesia has been exposed to the practice of cash-burning by the business players. Competition law is needed to foster fair competition among the business players in e-hailing industry. Furthermore, the Government needs to formulate the good competition policy and ensure its enforcement.

Insolvency Proceedings: ASEAN and EU Comparison on the Rules of Foreign Court Jurisdiction Anggriawan, Rizaldy
Indonesian Comparative Law Review Vol 3, No 1: December 2020
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i1.11621

Due to a lack of uniformity or harmonization of laws and regulations, cross-border insolvency has remained an issue in the ASEAN region. ASEAN economic openness with the implementation of the ASEAN Free Trade Area (AFTA) and ASEAN Economic Community (AEC) may create issues at some points as investors compete to dominate the ASEAN while assets are located not only on their own territory but also in other ASEAN member countries. On some occasions, they can fail to meet their debt payment obligations when performing international business transactions. As a result of the bankruptcy case, a legal arrangement may exist between the country in which the business actor is declared bankrupt and the country in which the bankrupt debtor's assets are located. This interaction between two or more countries involves a clash of jurisdictions. In order to counter such an issue, ASEAN may learn from what the EU has done over these decades. The study aims to compare the regulatory issue of foreign court jurisdiction in settling the insolvency cases both in ASEAN and EU. The paper is normative-qualitative legal research. It used a comparative, statute, and conceptual approach. It is found that in terms of cross-border insolvency, the European Union is far ahead of ASEAN, given that at least two major regulations in place, namely EC Regulation 1346/2000 and EU Regulation 2015/848, while ASEAN has almost nothing to offer at this time. The experience of the EU to formulate and implement a settled regulation on foreign court jurisdiction in settling the insolvency cases among EU member countries is one of the valuable lessons that ASEAN may take from the EU.Â

Insolvency Proceedings: ASEAN and EU Comparison on the Rules of Foreign Court Jurisdiction Anggriawan, Rizaldy
Indonesian Comparative Law Review Vol 3, No 1 (2020)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v3i1.11621

Due to a lack of uniformity or harmonization of laws and regulations, cross-border insolvency has remained an issue in the ASEAN region. ASEAN economic openness with the implementation of the ASEAN Free Trade Area (AFTA) and ASEAN Economic Community (AEC) may create issues at some points as investors compete to dominate the ASEAN while assets are located not only on their own territory but also in other ASEAN member countries. On some occasions, they can fail to meet their debt payment obligations when performing international business transactions. As a result of the bankruptcy case, a legal arrangement may exist between the country in which the business actor is declared bankrupt and the country in which the bankrupt debtor's assets are located. This interaction between two or more countries involves a clash of jurisdictions. In order to counter such an issue, ASEAN may learn from what the EU has done over these decades. The study aims to compare the regulatory issue of foreign court jurisdiction in settling the insolvency cases both in ASEAN and EU. The paper is normative-qualitative legal research. It used a comparative, statute, and conceptual approach. It is found that in terms of cross-border insolvency, the European Union is far ahead of ASEAN, given that at least two major regulations in place, namely EC Regulation 1346/2000 and EU Regulation 2015/848, while ASEAN has almost nothing to offer at this time. The experience of the EU to formulate and implement a settled regulation on foreign court jurisdiction in settling the insolvency cases among EU member countries is one of the valuable lessons that ASEAN may take from the EU.

Musharakah Mutanaqisah in Indonesia and Malaysia: Fatwa Institution, Regulation, and Recent Practice Asyiqin, Istianah Zainal; Hamsin, Muhammad Khaeruddin; Anggriawan, Rizaldy; Fanani, Ahmad
IQTISHODUNA: Jurnal Ekonomi Islam Vol. 13 No. 1 (2024): April
Publisher : LPPM, Universitas Islam Syarifuddin Lumajang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54471/iqtishoduna.v13i1.2302

Musharakah Mutanaqisah (MMQ) is one of Musyarakah's contract-based product developments. The application of MMQ as an Islamic banking financing product allows for the gradual purchase or commercial transfer of a portion of one partner's share to the other partner. The article aims to investigate the regulatory frameworks pertaining to MMQ in Indonesia and Malaysia. It also compares the associated institutions with the authority to issue regulations and policies surrounding the practice of MMQ. Furthermore, it analyzes and investigates a number of critical issues concerning the implementation of MMQ in both countries. This study is doctrinal legal research. It comprises the principle of law, legal systematics, synchronization of law, and legal history. The author also used statutory, conceptual, and comparative approaches. The result of the study shows that the regulatory framework in both countries was quite sufficient to accommodate the needs of MMQ customers and practitioners. Therefore, the study's novelty lies in its comprehensive comparative analysis of the regulatory frameworks and practices surrounding MMQ in Indonesia and Malaysia.

Unveiling Ethical Implications: AI Robot Accountability in Islamic Context Hamsin, Muhammad Khaeruddin; Anggriawan, Rizaldy; Jiatrahman, Farisma
Jurnal Media Hukum Vol 30, No 2: December 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i2.18524

The world is currently experiencing what is known as industry 4.0, a fusion of business and IT where robots and other forms of artificial intelligence are massively utilized. The fact that robots are now a regular part of people's lives raises novel liability issues. The research aims to address the questions whether artificial intelligence robots can be accepted as ethical and legal subjects in Islamic perspective. It also considers whether it is necessary to grant legal personality to robots and hold them liable for their decisions and conducts. The research is doctrinal legal research where the analysis was presented within the context of Islamic viewpoints in a descriptive-structured way. The result demonstrates that robots with artificial intelligence fall under the definition of jamadat. No matter how sophisticated, an artificial intelligence cannot have a biological vitality. Therefore, only humans have the potential to possess rights and be held liable for their actions. Robotic artificial intelligence systems lack the capacity to be regarded as responsible entities in this sense, to inflict legal sanctions on activities that are the result of algorithms, and to be held accountable for both civil and criminal offenses.

From Collusion to Corruption: How Indonesian Law Fights Back in Procurement Conspiracy Anggriawan, Rizaldy
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 1 (2025): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i1.24577

Government procurement of goods and services is one of the largest sectors in the state budgets, but it is vulnerable to corrupt practices. Based on data from Indonesia Corruption Watch (ICW), in 2017, there were 84 cases of corruption in the procurement of goods and services that caused state losses of IDR 1.02 trillion. This study aims to answer several main questions: what are the forms and indicators of collusion in government procurement of goods and services? How does the existing legal framework regulate and handle such collusive practices? Moreover, what legal sanctions are applied to perpetrators of violations? Using a normative method that examines related laws and regulations, this study uncovered that collusion in procurement occurs in three main forms: horizontal, vertical, and combined collusion. This study also reviews the role of the legal framework, including Law No. 5 of 1999 and Law No. 20 of 2001, which aims to create transparency and fair competition. The results of the study revealed that collusion in the procurement of goods and services violates the principles of fairness and transparency and suggests the need to strengthen regulations and supervision, including the active role of the Business Competition Supervisory Commission and the Corruption Eradication Commission. This synergy is expected to eradicate monopolistic practices and corruption while supporting clean and competitive governance.

Legal frontiers in the war against money laundering: A doctrinal examination of global approaches Anggriawan, Rizaldy; Susila, Muh Endriyo
Jurnal Hukum Novelty Vol. 15 No. 2 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v15i2.27853

Introduction to the Problem: Black money has a detrimental impact on a nation's macroeconomic and microeconomic, financial system, and international markets. The first idea to surface in the international literature when looking at the historical evolution of black money is money laundering. Criminal organizations employ various tactics to launder illicit funds, aiming to prevent the confiscation of the proceeds of their criminal activities. Purpose/Objective of Study: This research delves into international perspectives on countering money laundering, a growing concern that poses threats to the security and stability of nations worldwide, and causes economic uncertainty. The study also investigates the progress and regulations surrounding this matter, along with the efforts of international organizations. Design/Methodology/Approach: The research used doctrinal legal research with employing statutory and conceptual approaches. Findings: This legal research underscores the importance of countries revisiting their domestic legal frameworks in light of the current scenario. The research stresses the importance of global cooperation between countries in effectively addressing money laundering. It urges nations to establish bilateral agreements to enable a seamless flow of information for this purpose. Paper Type: Research Article

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