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KEWAJIBAN NOTIFIKASI PENGAMBILALIHAN ASET PERUSAHAAN DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA [Mandatory Notification for Company's Asset Acquisition in the Perspective of Competition Law] Anna Maria Tri Anggraini
Law Review Volume XXI, No. 1 - July 2021
Publisher : Fakultas Hukum, Universitas Pelita Harapan | Lippo Karawaci, Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v0i0.3263

Abstract

The Indonesian business competition supervisory agency, KPPU, issued KPPU Regulation No. 3/2019 which regulates the control system for merger, consolidation, and acquisition of company shares (P3S). This regulation was established to address the development of supervisory issues, including the expansion of the term expropriation, which includes the takeover of assets. Although it is not explicitly regulated in Law no. 5/1999 and PP No. 57/2010, the facts on the ground show that the enactment of the KPPU Regulation has been complied with by business actors within a period of more than a year since its stipulation. This article presents two research issues regarding the reasons behind KPPU's issuance of the regulation, and the legal implications of the enactment of new regulations for business actors and practitioners. This article is the result of normative research supported by secondary data in the form of legal regulations in the field of competition, comparisons with several countries, examples of the takeover of Uber assets by Grab, and also using interviews with two KPPU sources. The data was then analyzed qualitatively and concluded by using a deductive method. The conclusion drawn is that the purpose of KPPU in drafting the regulation is to prevent monopolistic practices and unfair business competition, by conducting benchmarking which results in the finding that the takeover of assets can also potentially give a chance to a concentrated market and anti-competitive behavior. The formation of the regulation also has juridical and sociological implications, namely fulfilling the legal aspect and being obeyed by business actors by notifying the takeover of shares and assets.Bahasa Indonesia Abstrak: Lembaga pengawas persaingan, KPPU, menerbitkan Perkom No. 3/2019 yang mengatur tentang sistem pengendalian atas penggabungan, peleburan dan pengambilalihan saham perusahaan (P3S). Peraturan ini dibentuk untuk menjawab perkembangan isu pengawasan, antara lain perluasan istilah pengambilalihan, yang meliputi pula pengambilalihan aset. Meskipun tidak diatur secara eksplisit dalam UU No. 5/1999 maupun PP No. 57/2010, fakta di lapangan menunjukkan bahwa pengundangan Peraturan KPPU tersebut telah dipatuhi oleh pelaku usaha dalam kurun waktu lebih dari setahun sejak ditetapkannya. Artikel ini mengemukakan dua masalah penelitian tentang hal-hal yang melatarbelakangi KPPU menerbitkan peraturan tersebut, dan implikasi hukum pemberlakukan peraturan baru terhadap pelaku usaha maupun praktisi. Artikel ini merupakan hasil penelitian normatif yang didukung data sekunder berupa peraturan hukum di bidang persaingan, perbandingan dengan beberapa negara, contoh pengambilalihan aset Uber oleh Grab, dan juga menggunakan wawancara dengan dua narasumber KPPU. Data tersebut kemudian dianalisis secara kualitatif dan menyimpulkannya dengan metode deduktif. Kesimpulan yang dihasilkan adalah bahwa maksud KPPU menyusun peraturan tersebut adalah melakukan pencegahan terjadinya praktik monopoli dan persaingan usaha tidak sehat, dengan melakukan benchmarking yang menghasilkan temuan, bahwa pengambilalihan aset juga dapat berpotensi melahirkan pasar yang terkonsentrasi dan perilaku antipersaingan. Pembentukan peraturan tersebut juga berimplikasi secara yuridis maupun sosiologis, yakni memenuhi aspek legalitas dan dipatuhi pelaku usaha dengan melakukan notifikasi pengambilalihan saham maupun aset.
Kewenangan Pengadilan Dalam Pemulihan Hak Konsumen Jasa Layanan Umroh (Studi terhadap Putusan Nomor 52/Pdt.G/2019/PN.Dpk) Tribuana Chris Shinta; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8940

Abstract

In Article 9 Government Regulation of the Republic of Indonesia Number 79 of 2012 concerning the Implementation of Law Number 13 of 2018 concerning the Implementation of Hajj, states the meaning of Umrah is Umrah which is performed outside the Hajj season. The Organization of Umrah Travel is aimed at providing guidance, service and protection to the Congregation, so that the Congregation can perform their worship in accordance with the provisions of the Sharia based on Article 3 of the Minister of Religion Regulation of the Republic of Indonesia Number 8 of 2008 concerning the organization of Umrah pilgrimage. Protection of consumers is seen as increasingly important, With the development of science and technology most consumers are affected. Therefore, consumers must be given legal protection because the interests of consumers are important things that must be considered and given a solution, especially in Indonesia. The authority describes the right and obligation to do and not do something. Authority is divided into two, namely absolute authority and relative authority. Analysis results show in the court decision number 52 / Pdt.G / 2019 / PN. But the law enforcement is still not effective in Indonesia. The method used in this research is to use prescriptive analysis, to find the truth of coherence and provide arguments for the results carried out. This study aims to increase supervision and regular guidance of Umrah Travel Agents, as well as tougher to give permission to Umrah Travel Agencies so that no more consumers feel disadvantaged.
PERLINDUNGAN KONSUMEN DALAM PENERAPAN BATAS KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN MENYELESAIKAN PERKARA KONSUMEN (Studi Putusan No 481 K/Pdt.Sus-BPSK/2015) Takenia Tifany; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2187

Abstract

Consumer Protection Law regulates the legal protection of consumer and including Consumer Dispute Completion Firm who autorhized to resolve consumer disputes who feel harmed over the acts of business from people that sometimes arbitrary, but decisions taken by Consumer Dispute Completion Firm often incriminate business actors, and usually seem to exceed the limit of their authority even wrong in applying the law. Consumer Dispute Completion Firm’s authority to adjudicate and decide a dispute is induced by Supreme Court’s decision which makes Consumer Dispute Completion Firm’s authority to limited. Therefore, the writer proposed an issue about how are the limits of Consumer Dispute Completion Firm’s authority in adjudicate and decide a consumer disputes? And how are the implementation and Supreme Court’s views regarding the limitation of Consumer Dispute Completion Firm’s authority? The writer examines the problem using normative legal research methods that use secondary data. From the results of the research, it can be concluded that the limits of Consumer Dispute Completion Firm authority in solving consumer disputes are limited to the agreement between both parties. In sense the Supreme Court believes that all transactions based on an agreement become the jurisdiction of the court
PERLINDUNGAN KONSUMEN ATAS KETIDAKSESUAIAN INFORMASI TERKAIT KANDUNGAN BAHAN MAKANAN NON HALAL YANG DIPERDAGANGKAN DALAM PUTUSAN NOMOR: 429/PID.SUS/2019/PN.PDG Dwi Tiara Febrina; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8909

Abstract

Food needs are the main of human needs. Terms of the nature of fulfillment, food needs have a mandatory nature to be fulfilled. If food needs are not met, then human survival will be hampered. In general, urban communities cannot fulfill their food needs (buying, cooking, processing, and preparing food) independently. Communities in urban areas in general specifically, choose to buy food that has been made and provided by other parties which, in fact, are people who live side by side with one another, hence it appears that the expectation of food needs is met along with the completion of the activities owned every day. Needs like this too, become one of the reasons the object of food-producing production becomes an object of production which is quite promising for businesses as service providers to meet food needs. Honesty is the main principles Business Actors running business they do. Implementation of the principle of honesty is expected to build public trust as consumers in consuming the products of Business Actors. In reality on the ground, not all business actors implement one of the basic principles in trading their products to the public. The activity of mixing non-halal food content is a form of dishonesty of business actors, which often occurs in the community. This action provides a security threat to the rights of consumers in terms of obtaining clear information about the food content traded by business actors.
PERLINDUNGAN HUKUM KONSUMEN TERHADAP PEREDARAN PRODUK PANGAN KEMASAN TANPA TANGGAL KADALUWARSA DAN KEMASAN CACAT (STUDI KASUS PUTUSAN NOMOR 66/Pid.Sus/2017/PN. Ktb) Grace Riana Yudistira; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8926

Abstract

Food is a basic human needs that is necessary to be fulfilled. Consumer when consume food product must be considered about the basic ingredients are contained, nutrient content, how the food process is, storage, packaging, and the expire date of the product. On the end of 2017, there was a case about a Mini Market that sold some products without an expire date on the food packaging and the food packaging were damaged. Food Packaging is a material that is used for wrapped the product, whether get in touch with the product directly or not. Good packaging purpose are to protect the food and prevent the damage. Therefore, it is very important to have an expire date and have a good packing. Expired means time has passed or time is running out of time. Just as determined and when the expired food was consumed it can harm the Consumer's health. The Author in this study is using a method that based for academics needs. The author analyzed that the seller was violating regulations that are prohibited for business seller and violating consumer’s rights. This case is against the regulation of the consumer protection based on the Law number 8 of 1999. The consumer protection purpose was made to create a consumer protection that contained legal certainly elements and opened information.
PERLINDUNGAN HUKUM KONSUMEN DALAM HAL PELAKU USAHA PENGEMBANG RUMAH SUSUN YANG SUDAH DINYATAKAN PALIT (STUDI TERHADAP KEMANGGISAN RESIDENCE) Illona .; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (316.633 KB) | DOI: 10.24912/adigama.v1i1.2202

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The needs for apartment are currently increasing as the population increases and as availability of land becomes limited. The demand for such apartment is utilized by the developers to build and market the apartment in the community. However, with the high desire of developers in meeting the demands for apartment, it does not always coincide with the needs of the consumers for a decent place to live and have a guarantee of legal security. Therefore, the author proposes issue about how is the law protection of consumer in terms of apartment developers as business actors who have declared bankruptcy viewed from the perspective of Consumer Protection Law? The research method that the researcher uses for the issue is academy purposes methods with library data collection techniques. After conducted the research of preventive consumer legal protection, the law has been regulated in Regulation Number 8 Year 1999. But with Consumer Protection Act yet has not provided maximum protection to consumer. The violation of the consumer rights have given uncertainty to the consumers who will buy the apartment units. Plenty of developers whose business activities in the apartment field perform their activities with no good faith. While the repressive consumer legal protection has been regulated. The settlement can be done both inside and outside the court. However, the settlement has not been so regulated that it leaves a gap for business actors to avoid from responsibility to compensate consumers.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS KETIADAAN TRANSPARANSI INFORMASI DI BIDANG JASA LAYANAN PENERBANGAN (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 975 K/PDT/2019) Raras Ayundhani; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8906

Abstract

Passengers named Regina Goenawan, Sandra Goenawan, Ramona Goenawan, and Julius Chandra when they arrived at Soekarno Hatta Airport wanted to check in at the Air Asia counter for XT 7680 flight types, not allowed by Air Asia on the grounds that the name Regina Goenawan entered in blacklist. Air Asia at that time didn’t provide an explanation of the blacklist. This action is a one-sided flight cancellation. Passengers are suing PT Air Asia Indonesia Extra to the Tangerang District Court to the Cassation level at the Supreme Court. What are the Legal Considerations of Judges at the Tangerang District Court, Banten High Court, the Supreme Court that examined, tried, and decided the case? Is it in accordance with relevant regulations regarding the legal protection of passengers as consumers? The author examines using normative research methods. Research data shows that as law enforcers, the panel of judges in the Judicial Judgment of the Tangerang District Court Nomor 169 / Pdt.G / 2017 / PN. Tng and Banten High Court Nomor 9 / Pdt / 2018 / PT. Btn hasn’t compatibility with related regulations. While the Supreme Court's Decision Nomor 975 K / Pdt / 2019 is in accordance with regulations regarding legal protection of passengers as consumers and airlines. The airlines ignore the transparency of information and the inaccuracy in managing passenger data, the government should make more specific regulations regarding the transparency of information in the field of aviation services as a legal protection against passengers.
TANGGUNGJAWAB PELAKU USAHA DALAM MEMPERDAGANGKAN PRODUK SUSU SGM KADALUWARSA ( STUDI KASUS PUTUSAN PENGADILAN TINGGI PEKAN BARU NOMOR 264/PID.SUS/2015/PT.PBR ) Alex Siswanto; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8923

Abstract

Consumer rights are regulated Law No. 8 of 1999 concerning Consumer Protection of the Republic of Indonesia, one of which is the right to comfort, security and safety in consuming goods and / or services. This study aims to determine the responsibility of entrepreneurs who trade expired food. Therefore, consumer rights must be protected so that a sense of security arises in society. Consumer protection is a serious concern for authorized agencies so that expired products are not spread and cause fatalities. This research examines how the responsibility for actors trading expired products and the application of consumer protection laws and related laws such as the Food Law and Health Act. To support this research the authors used data collection techniques in the form of interviews and literature studies. The results of this study conclude that the application of consumer protection laws and other laws related to food have not been implemented properly, where business actors as providers of goods and services do not pay attention to their obligations as business actors and consumer rights protection. Problems or constraints in the application of consumer protection enforcement both the issue of expired food or other consumer disputes, namely the authorized agency. This can be seen from the regulations governing this case that there are many and complete both in private law and public law, but everything is returned to the agencies that apply the consumer protection law.
PERLINDUNGAN KONSUMEN TERHADAP KETIADAAN LABEL HALAL PADA PRODUK FARMASI MENURUT UNDANG-UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL Hendrian Wulansari; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2186

Abstract

This study discusses consumer protection against the absence of halal label on pharmaceutical products according to Law No. 33 of 2014 on Halal Product Guarantee. Based on the existing findings that the presence of medicinal products are still many who use materials that are not kosher. Therefore, an effort is needed to provide consumer rights protection to the certification and labeling of halal products. The problem why in the pharmaceutical products are not included halal label? How about consumer protection against pharmaceutical products that do not include halal label? Ingi research method using normative legal research methods. The result data showed that the absence of halal label on pharmaceutical products due to the factors that influence it is because of the difficulty of finding replacement materials for medicines because 90 percent of the drugs are imported from other countries where there is no guarantee of halal. In the near future the producers of drugs are also experiencing constraints because they have to conduct research on raw materials because of the difficulty of the origin of the material also has its own complexity so it takes a long time. On the other hand, the equipment used for the production process, production site, processing, storage, packaging and sales and presentation should be made separately between halal and non-halal certified products / products. Consumer protection against pharmaceutical products that do not include halal labels should have 3 (three) supervisory systems that are preventive by looking at enrollment activities, with special supervision of food cases, medicines and kosher cosmetics that can result in widespread impact and incidental surveillance systems namely the process of supervision by law enforcers on halal food safety and safety done by means of sudden inspection (sidak). There needs to be a systematic joint effort of the government and relevant stakeholders to encourage the maker of halal drug products and raise awareness of the Muslim community about the importance of halal products. It aims to protect Muslims from consuming unlawful products.
PERAN PEMERINTAH DALAM MENGAWASI PEREDARAN OBAT KERAS GOLONGAN G TANPA SURAT IZIN EDAR MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN (Studi Kasus: Putusan Nomor 874/Pid.Sus/2018/PN.Sda) Mia Amelia; Anna Maria Tri Anggraini
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8901

Abstract

Health is government responsibility for the needs of citizens' rights. One of the most important health elements is medicine. But there are times when drugs can harm the health of the wearer if they don't meet the requirements, and are consumed incorrectly. Many business people deliberately produce drugs without getting permission from BPOM. One example of illegal drugs circulating in Indonesia is the LL Pill, there is a composition of Triheksifenidil HCL is a drug that is included in the drug list letter G, which means dangerous if its use without medical supervision. This attracts the attention because this hard drug has been widely circulating in the community and every year it continues to increase without completion which is feared to damage the nation's generation. Law enforcement is still not effective apart from the circulation of hard drug list G without this marketing authorization, one of which is because the sanctions imposed by law enforcers are still very mild, as a result, it will not cause a deterrent effect for business actors who have violated the provisions of Law Number 8 of 1999 concerning Consumer Protection. Drug monitoring is still weak lately, giving birth to the idea to strengthen the authority of BPOM as a government agency that has authority in drug control and should be carried out more optimally and increase intensity in supervision activities in collaboration with the Indonesian National Police and Health Office to eradicate the distribution of hard drugs which is not licensed.