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All Journal Yustisia Jurnal Dinamika Hukum Journal of Consumer Science LAW REVIEW JURISDICTIE Jurnal Hukum dan Syariah Journal of Consumer Sciences Jurnal Ilmu Keluarga dan Konsumen Empowerment : Jurnal Pengabdian Masyarakat Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Unes Law Review Jurnal Ilmiah Penegakan Hukum Jurnal Hukum Adigama International Journal of Law and Public Policy (IJLAPP) Pamulang Law Review Journal of Law, Administration, and Social Science Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti Innovative: Journal Of Social Science Research Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Policy Brief Pertanian, Kelautan, dan Biosains Tropika Amicus Curiae Journal of Law and Legal Reform Tribuere
Anna Maria Tri Anggraini
Fakultas Hukum, Universitas Trisakti
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Nursing Physics Public Health Social Sciences Other

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Journal : Amicus Curiae

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PENDEKATAN RULE OF REASON DALAM PRAKTIK DISKRIMINASI PADA PUTUSAN KPPU TAHUN 2020: Rule Of Reason Approach To Discrimination Practices In The 2020 KPPU Decisions Mardohar, Joice Chintya; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19751

Abstract

Discriminatory practices are common in business competition and this is not prohibited as long as it does not lead to unfair business competition. The thesis discusses 3 (three) KPPU decisions in 2020 regarding allegations of discriminatory practices committed by business actors. The main problem in this thesis is how the actions of business actors can fulfill the element of violation and how to apply the rule of reason approach in Article 19 point d of Law Number 5 of 1999 in the 2020 KPPU Decisions. This thesis is a normative descriptive using secondary data in the form of journals or books and primary data in the form of interviews with KPPU and data processing is carried out qualitatively, and conclusions are drawn using deductive logic. The conclusion from this study is that discriminatory acts cause obstacles in vertical business relations and are in the relevant market which are different but interrelated and often occur in the essential facilities sector. Discriminatory practices can occur effectively if the KPPU's business actors use the application of the rule of reason in handling the case, in which the result is that discriminatory practices can only run effectively if the business actors are in the position of highest market control.
PEMULIHAN HAK KONSUMEN DI SEKTOR JASA PENDIDIKAN (STUDI KASUS YAYASAN PENDIDIKAN X MELAWAN DJONI SUKOHARDJO): Restore Consumer Rights in the Education Services Sector Case Study of X Education Foundation Against Djoni Sukohardjo Magfirah, Wanda Pasya; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19777

Abstract

Education is an important aspect of life that everyone need. To protect students in order to ensure the comfort of learning, so the students can be said to be consumers. The problem raised is how legal remedies can be restored consumer rights in education services sector and how the application of legal remedies restored consumer rights in the case of the X Education Foundation against Djoni Sukohardjo. Legal remedies that can be taken if consumers are not fulfilled by business actors can be resolved through the court or out of court based on Article 45 paragraph (1)(2) of CPL. If the business actor ignores the request for compensation, the consumer can file a lawsuit through BPSK or to the general court according to Article 23 of the CPL. Legal remedies to restore the rights of consumer Djoni Sukohardjo from the business actor X Education Foundation in Decision Number 005/A/BPSK-DKI/II/BPSK does not consider the contract between business actors and consumers. BPSK's decision was wrong in determining relationship between consumers and business actor. In this case, BPSK Decision does not consider the agreement between the two parties, considering the theory of the Privity of Contract and the principle of freedom of contract.
PERTANGGUNGJAWABAN PT. GRAB TEKNOLOGI INDONESIA TENTANG PENCAIRAN DANA TERHADAP RESTORAN SEBAGAI PENGGUNA JASA GRABFOOD: Liability of PT. Grab Teknologi Indonesia Regarding Fund Disbursement to Restaurants as GrabFood Merchants Azzahra, Mutiara; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19787

Abstract

Consumers using online food delivery applications that provide electronic payment in 2020 increased to date. One of the most used services by consumers in Indonesia is GrabFood, created by PT. Grab Technology Indonesia. In practice, the system for fund claim service provided does not follow the Restaurant's agreement as a Merchant. This study analyse how PT. Grab Teknologi Indonesia violates the UUPK. This study also analysed the fund claim method based on Law No. 8 of 1999 Consumer Protection (UUPK) between PT. Grab Teknologi Indonesia as a GrabFood service provider and Restaurant Menepi Kitchen as a merchant. This study uses normative and descriptive research methods based on secondary and primary data as supporting data and to obtain conclusions deductively. PT. Grab Teknologi Indonesia had violated UUPK article 7, letters a and g regarding the obligation of service providers to provide compensation if the services received are not following the content of the agreement and must be responsible for providing compensation as emphasized in UUPK article 19 and based on contractual liability
QUO VADIS AKUISISI TOKOPEDIA OLEH GOJEK DI ERA EKONOMI DIGITAL? Quo Vadis Tokopedia Acquisition by Gojek in the Digital Economy Era? Sabirin, Ahmad; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19818

Abstract

From early 2021 to 2022, Acquisitions and Mergers are an interesting issue to discuss. Two large companies, namely PT Karya Anak Bangsa, made acquisitions of PT Tokopedia. KPPU, as the supervisory body for business competition, assessed the acquisitions of the two companies, whether or not the acquisitions made by a business violated business competition in Indonesia. If we look at the provisions of Law No. 5 Year 1999 which provides three indicators to declare the existence of unfair business competition, namely; 1) Business competition conducted dishonestly; 2) Business competition is conducted in an unlawful manner. 3) Business competition conducted by inhibiting competition among business actors. These indicators have their own challenges in the era of digital economy as today, there are many challenges in enforcing business competition. Merger assessment using the SLC test method is insufficient to apply because the SLC test focuses less on market structure issues, and only focuses on the competitive impact of the acquisition and the market power that emerges after the acquisition. That is, the SLC test looks at the likelihood that prices will rise after an acquisition occurs. While the determination of relevant market and market share is very important in assessing the effect on competition, this has been done by the European Union, so the assessment of acquisitions for large technology companies needs to be evaluated.
EKSAMINASI PUTUSAN KPPU MENGENAI RAHASIA PERUSAHAAN YANG MENGAKIBATKAN PERSAINGAN USAHA TIDAK SEHAT: Examination Of KPPU Decisions Regarding Company Confidential That Might Lead To Unfair Business Practices Mayva, Verandha; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/ygbbhn17

Abstract

The guideline for article 23 of Law Number 5 of 1999 not yet approved, making company secrets andcriteria for company secrets often equated with the meaning of Trade Secret as regulated in Law Number30 of 2000 concerning Trade Secrets. The main problem is whether the information in the contractagreement between the musician and the recording company and company data about DMO in thecontract for the procurement of goods and/or services are included in the criteria for company secretsaccording to the perspective of business competition law and whether the decision of the panel of judgesin decision number 19/KPPU-L/ 2007 and number 35/KPPU-I/2010 are correct. This research usingnormative legal research by secondary and primary data. This research is descriptive and conclusionswith deductive reasoning. The results are, the essence the two decisions both discuss company secretswhich must keep the secret because it has economic value and if it open to the public will bring losses tothe company whose secrets are leaked so that both of them are included in the criteria of companysecrets in the perspective of business competition law. The decisions must contains more sanction onpenal law.
PERLINDUNGAN HUKUM TERHADAPKONSUMEN CAPIT COKELAT KEDALUWARSA DARI PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN: Consumer's Legal Protection Of The Expired Claw Chocolate From Legal Perspective Of Consumers Protections Salsabila, Anzela; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/bx0sjx82

Abstract

Online shopping has become very attractive in this day and age when it is easier for people to meet their needs and is considered easier from the standpoint of searching for goods, payment to delivery. Online sales can be made through TikTok Live and payments can be made through the online marketplace Shopee. This online shopping also has a weakness: in the transaction, the product that arrives may not match the product offered or even the product that arrives has expired. On this basis, questions arise about the liability of commercial actors in the sale of expired chocolate claws under the Consumer Protection Act and other relevant regulations as well as how customers can may pursue legal remedies against expired chocolate swipes under the Consumer Protection Act and other related regulations. This study uses a normative research method using primary data and secondary data, which are then analyzed using
ANALISIS YURIDIS PRAKTIK MONOPOLI DALAM JASA PENGURUSAN TRANSPORTASI PENGIRIMAN (EKSPOR) BENIH BENING LOBSTER BERDASARKAN UU NOMOR 5 TAHUN 1999 (STUDI TERHADAP PUTUSAN KPPU NOMOR 04/KPPU- I/2021): Juridical Analysis of Monopoly Practices in Services Shipping Export Lobster Seeds Based on Law Number 5 of 1999 (Study of KPPU Decisions Number 04/KPPU-I/2021) Andrina, Bidhari; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/ch1we537

Abstract

Fishery products are one of the main livelihoods of the Indonesian people which can be traded internationally. To facilitate international trade, sending products to international shipping areas from Republic of Indonesia (export) can be done by appointing a transportation management service company. This is done to avoid monopolistic practices carried out by each business actor to benefit themselves. However, implementing these regulations is certainly not easy. One of the cases is the alleged violation of Article 17 of Law 5/1999 committed by PT Aero Citra Kargo (PT ACK). In this case, the author conducts a discussion related to monopoly practices in BBL delivery (export) transportation services by PT ACK according to Article 17 and the accuracy of KPPU decision No. 4/KPPU-I/2021 regarding monopolistic practices for BBL delivery (export) transportation services against PT ACK. Next, the author analyzes the fulfillment of the legal elements and approaches to Article 17 of Law 5/1999. On the other hand, the author also discusses the active role of the government, the period of substitution, and the absence of sanctions against violators in this decision to see the accuracy of the decision. So the conclusion of this research shows that PT ACK has violated Article 17, however in the decision there are still many things that are not explained further, especially regarding the absence of sanctions against violators.
PENENTUAN PEMENANG TENDER YANG BERPOTENSI MELANGGAR LARANGAN PERSEKONGKOLAN TENDER: Determination Of Tender Winners Who Have The Potential To Violate The Prohibition Of Tender Conspiracy Rahmadhani, Zahra Fide; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/yyesfc12

Abstract

The global economy requires Indonesia to grow as a force in the new economy. This is expected to support national development and create a competitive market situation among them. This condition causes competition, can run in a healthy and unhealthy way.  One of the activities that can cause unfair business competition is the process of procurement of goods and/or services, known as tenders. In fact, many business actors run tenders with bad intentions, which is called tender conspiracy. Using normative legal methods by collecting library materials from primary, secondary and tertiary materials to produce descriptive data, then ending with a conclusion using the concept of agreement based on the Civil Code that conspiracy is a prohibited agreement. . In determining the winner of the tender, what is considered to be a violation of Article 22 is vertical conspiracy because it results in unhealthy business competition. This shows that there must be updates in the provisions regarding business competition, especially provisions regarding bid rigging, and tender selection must be carried out through appropriate and accurate procedures. For example, the selection of the tender committee must be qualified, have integrity and be honest in carrying out the tender. Settlement in cases of conspiracy to determine tender winners can be implemented using a per se illegal approach carried out by the KPPU to assess business activities that violate the provisions of Law Number 5/1999
PENGATURAN DOKTRIN SINGLE ECONOMIC ENTITY: STUDI PERBANDINGAN INDONESIA DAN UNI EROPA: Regulation of the Single Economic Entity Doctrine: A Comparative Study between Indonesia and the European Union Wati, Widiya; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/rw69yg41

Abstract

Competition law has rapidly evolved alongside the dynamics of trade conducted by businesses. One notable development in Indonesia is the understanding of the Single Economic Entity (SEE) doctrine. This doctrine is often opposed by corporate law regimes that uphold the independence of companies. Therefore, it is crucial to examine how companies can be considered a single economic entity and how regulations differ between Indonesia and the European Union. This study employs a normative approach, using descriptive legal comparison with secondary data such as literature, regulations, and competition authority decisions from both regions. Data is analyzed qualitatively with deductive conclusions. The findings indicate that a group of companies is considered a single entity if its strategic policies are controlled by the holding company. There are both similarities and differences between Indonesia and the EU in their approach to this doctrine. The similarity is that both implicitly regulate SEE, while the difference lies in its application: in Indonesia, it was first applied in the Temasek Holding case in 2007, while the EU used it in the 1972 Deystuff case. To reduce misinterpretations, clearer explanations for business actors are necessary to prevent violations by business groups.  
POTENSI TINDAKAN PRAKTIK MONOPOLI DAN PENYALAHGUNAAN PENGUASAAN PASAR FASILITAS ESENSIAL SEKTOR PELABUHAN DARI PERSPEKTIF HUKUM PERSAINGAN USAHA: Potential Monopolistic Practices and Abuse of Market Power of Essential Facilties in the Port Sector: A Competition Law Perspective Simanullang, Venty Elisa Margareth; Anggraini, Anna Maria Tri
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/2q846165

Abstract

Indonesia is the largest archipelago, which makes the port an essential means for mobilizing the infrastructure that supports the country's economic growth. The port sector, which is operated by state-owned enterprises, has the potential to maximize economic growth. However, in reality, there have been numerous instances of state-owned companies operating in the port sector violating business competition laws. It is thus imperative to comprehend the doctrine of essential facilities and the potential transgressions perpetrated by business actors who are state-owned enterprises. This research adheres to a descriptive normative methodology, utilizing secondary data. The findings indicate that the doctrine of essential facilities espouses the notion that essential facilities are crucial facilities that the state must facilitate and nurture to enable optimal economic activities benefiting the community. Essential facilities are established by state-owned enterprises (SOEs) as a means of implementing Article 33 of the 1945 Constitution of the Republic of Indonesia. In their operations within the port sector, SOEs are required to adhere to the standards set forth in Law Number 17 of 2008 concerning shipping. SOEs as business actors in carrying out their business activities must also pay attention to the principles and norms contained in Law Number 5 of 1999, especially the prohibition of monopolistic practices and market control so as to create healthy business competition.
Co-Authors Abriant, Sharda Abrianti, Sharda Ahmad Sabirin Ahmad Sabirin Alex Siswanto Alfiyyah Inayah Taqyuddin Andini, Putri Fildzah Andrina, Bidhari Azzahra, Mutiara Bachry, Ramadhana Anindyajati Berto Mulia Wibawa Dian Purnamasari Dwi Tiara Febrina Elfrida Ratnawati Elizaga , Jhon Rojell Y. Ermania Widjajanti Farhandi Himawan Farhandi Himawan Fernandez, Séréna Ortigosa Gladys Prita Pertiwi Grace Michaela Japranata Grace Riana Yudistira Hendrian Wulansari Ignatius Pradipta Probondaru Illona . Imam Hartanto Intan Purwanti Israriyanto, Muhammad Firli Jhon Haward Hutagaol Joice Chintya Mardohar Kabes, Irianto Kemal Kusuma Wardana Kerti, Renti Maharaini M Faqih Surbakti M Faqih Surbakti Magfirah, Wanda Pasya Mahal Frawansa, Syukron Mali, Yosefa Oktriviani Mutiara Mardohar, Joice Chintya Mayva, Verandha Megawati Simanjuntak Mia Amelia Monica Alina Yolanda Muhammad Fathan Zahran Dika Muhammad Raldo Johansyah Muhammad Vachry Irsyad Prasanna Muninggar, Roro Ajeng Nadya Angelina Notoprayitno, Maya Indrasti Oktabiani, Andiya Putra, Dimas Ananta Raafid Haidar Herfian Rafli Syah Maulana Rahma, Rais Akbar Rahmadhani, Zahra Fide Rahmawati, Laeli Raras Ayundhani Rizal Edy Halim Sabirin, Ahmad Safari , Arif Safari, Arief Salsabila, Anzela Séréna Ortigosa Fernandez Sharda Abrianti Sharda Abrianti Simanullang, Venty Elisa Margareth Slamet Riyadi Stella Trixie Jane Sultan Naufal Sivha Syahreza Jakti Kusuma Syarifa, Rizka Syukron Mahal Frawansa Takenia Tifany Tribuana Chris Shinta Tubagus Andri Purnama Wangga, Maria Silvya Elisabeth Wati, Widiya Yoel Nixon A Rumahorbo Yohanes Firmansyah Zayyan, Khalillah