Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : JURNAL RETENTUM

Reformasi Hukum Mengenai Penguatan Pelaksanaan Eksekusi Oleh Komisi Pengawasan Persaingan Usaha Sara, Rineke; Pratama Sarwono, Aditya; Nandang, Asep; Samuel Wuisan, Ronald
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5390

Abstract

This study discusses the obstacles faced by the Business Competition Supervisory Commission (KPPU) in enforcing competition law, with a focus on the difficulty in obtaining adequate evidence, the lack of authority to force related parties, and the unclear procedures that can harm the reporter and the reported. The research method used is a normative legal approach with an analysis of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The main findings show that the KPPU faces serious obstacles in enforcing the law due to the lack of direct execution authority, non-transparent procedures, and the lack of legal protection for reporters. This study recommends several steps, including synchronizing Law No. 5 of 1999 with civil procedural law, granting direct execution authority to the KPPU, adding more stringent and effective sanctions, and increasing coordination between law enforcement agencies to accelerate the implementation of decisions and create a healthier and fairer business competition system.
Pembaharuan Hukum Perlindungan Jurnalistik Dalam Rangka Kebebasan Pers Berdasarkan Nilai Keadilan Sara, Rineke; Lineker, Tyson; Daton, Febianus Seran; Batubara, Muhamad Iqbal Zein
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5388

Abstract

Freedom of the press as a pillar of democracy often faces threats from regulations that are open to multiple interpretations, such as articles in the Electronic Information and Transactions Law (UU ITE) that can be used to criminalize journalists and limit the public's right to information. This study aims to reconstruct ideal regulations based on the value of justice by placing press freedom as the main priority, as well as guaranteeing the public's right to obtain correct and transparent information. The study uses a normative legal method with a legislative and conceptual approach to evaluate the weaknesses of existing regulations, especially the ITE Law and the Press Law, and to provide concrete recommendations. The results of the study underline the importance of revising the multi-interpretable articles in the ITE Law, strengthening the Press Law as a legal umbrella for press freedom, and developing a more efficient dispute resolution mechanism to protect journalists from legal or physical intimidation. The main conclusion shows that collaboration between the government, supervisory institutions, and the community is needed to ensure a safe environment for journalists, so that press freedom can be realized optimally as the main link between the public and information.