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<![CDATA[TANGGUNG JAWAB MERCHANT SHOPEE DALAM TRANSAKSI COD MENURUT HUKUM PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Stella Trixie Jane]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13840
<![CDATA[One of the fast-growing e-commerce sites in Indonesia is Shopee. Shopee provides a Cash on Delivery (COD) payment method. The application of COD in fact gets a lot of public attention, because many consumers vent their anger at the courier because the goods sent do not match the order. The formulation of this problem is How are the legal consequences of business actors in Shopee application-based buying and selling transactions through Cash on Delivery (COD) for goods sent that are not in accordance with orders according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? And how is the responsibility of business actors in buying and selling transactions based on the Shopee application through Cash on Delivery (COD) for goods that are sent not in accordance with the order according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? Normative research method, analyzed using qualitative methods with deductive inference. The results of the research, discussion and conclusion, that the legal consequences of the Shopee application-based buying and selling transaction through COD, the business actor provides compensation and consumers can make complaints, and the responsibility of the business actor is contractual responsibility.]]>
<![CDATA[POTENSI PENGGUNAAN LENIENCY PROGRAM DALAM PERKARA KARTEL INDONESIA: STUDI PERBANDINGAN LENIENCY JEPANG ]]>
<![CDATA[M Faqih Surbakti]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i1.15419
<![CDATA[The leniency program is a pardon mechanism that allows cartel members to complain to the business competition authorities about cartel operations and receive partial or whole exemption from the penalties and/or fines that should be imposed. In Japan, the Leniency Program is in use. This article's formulation of the problem is how to create a leniency program in Japan based on the Antimonopoly Act and what are the chances of doing so to expose cartels in Indonesia's competition law system. This article offers a normative legal analysis of Indonesia's prospective use of leniency schemes in cartel proceedings. The research is descriptive-analytical in character, and data collecting through literature reviews and interviews, whereas data processing is qualitative. The findings of the research and debate indicate that it is highly likely that Indonesia will implement the leniency program by enacting the bill as the new Business Competition Law. The research's finding is that the leniency program is likely to be implemented in Indonesia by passing the bill as the country's new Business Competition Law because it is comprehensively implemented in Japan, from reporting procedures to sentencing reductions. It is suggested that Law No. 5/1999, whose provisions include a leniency program system, be amended, and that the KPPU then work with the LPSK to offer protection for reporters in the leniency program system.]]>
<![CDATA[- Perbandingan Penerapan Predatory Pricing Menurut Hukum Persaingan Usaha Indonesia dan Amerika Serikat: - ]]>
<![CDATA[Farhandi Himawan]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v5i3.16483
<![CDATA[Entrepreneurs engage in the practice of "selling and loss" in order to eliminate their rivals. Each nation has its own laws governing the proscription of selling at a loss. The formulation of the issue is the parallels and discrepancies between Indonesian and American laws governing sales and losses, business competition, and the application of the ban on predatory pricing based on KPPU-P Decision No. 03/KPPU-L/2020 and Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. Legal normative approach opposed to legal comparison between Indonesian and American law. utilizing secondary qualitative data and inference. The findings of the study and discussion show that it is governed in Indonesia by Article 20 of Law No. 5/1999, while In the United States, agreements including predatory pricing are prohibited by Section 2 of the Sherman Act and Section 2(a) of the Clayton Antitrust Act. In terms of the business competition authorities in Indonesia and the United States, KPPU, DOJ, and FTC are autonomous Indonesian organizations. Only one authority in Indonesia, namely KPPU, is in charge of business competition matters, although DOJ and FTC are present in the United States. In conclusion, Indonesia and the United States are required to take into account economic theories.]]>
<![CDATA[PERLINDUNGAN KONSUMEN PERUMAHAN DALAM JUAL BELI RUMAH DENGAN SISTEM PRE PROJECT SELLING ]]>
<![CDATA[Jhon Haward Hutagaol]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13611
<![CDATA[Developers make more sales using the pre-project selling system, in which developers start selling before the project is built, where the properties being sold are still new in the form of images or concepts, but in the course of transactions with the system, many consumer rights are violated by business actors. Based on this, the author discusses the problem of consumer rights being violated and efforts to restore Darwin's consumer rights based on Supreme Court Decision Number 653 K/Pdt.Sus-BPSK/2021. This article uses normative research, using secondary, primary legal, and tertiary legal materials. The author concludes that there is a discrepancy in the transaction between Darwin and PT Buana Cipta Propertindo, thereby violating consumer rights as stated in Law number 8 of 1999 concerning Consumer Protection and laws and regulations in the housing sector. The author also considers that the Supreme Court Decision which annulled BPSK and Batam District Court decisions does not support efforts to restore consumer rights and does not accommodate the Consumer Protection Act because BPSK should have the ability and authority to examine the dispute between Darwin and PT Buana Cipta Propertindo based on an agreement.]]>
<![CDATA[PRAKTIK DISKRIMINASI PT GARUDA INDONESIA (PERSERO) TERKAIT PROGRAM WHOLESALER ]]>
<![CDATA[Alfiyyah Inayah Taqyuddin]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13821
<![CDATA[In March, PT Garuda Indonesia (Persero) issued GA Info which appointed six wholesalers in the distribution of direct sales of Jeddah - Medina umrah tickets and resulted in market barriers for 301 PPIUs to gain access to Garuda Indonesia tickets. The formulation of the problem is; how is the activity or behavior of PT Garuda Indonesia (Persero) in carrying out discriminatory practices resulting in losses to other business actors based on Article 19 letter d of Law Number 5 Year 1999? and whether the considerations of the KPPU Panel in deciding case Number 06/KPPU-L/2020 are in accordance with Law No. 5/1999 and applicable laws and regulations in the field of competition law? Research method is normative, descriptive in nature using secondary data obtained through literature studies and interviews. The data is qualitatively with deductive inference. The results of the research, discussion and conclusions of the author are; that Garuda Indonesia's activities in carrying out discriminatory practices are by appointing six wholesalers, resulting in 301 wholesalers not being able to access airplane tickets directly through Garuda Indonesia and the consideration the KPPU Panel in deciding case Number 06/KPPU-L/2020 is in accordance with Law No. 5/1999 and regulations in field competition law.]]>
<![CDATA[PENGAMBILALIHAN SAHAM PERUSAHAAN MENURUT UU ANTIMONOPOLI (PERBANDINGAN HUKUM INDONESIA DENGAN KOREA SELATAN) ]]>
<![CDATA[Nadya Angelina]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13829
<![CDATA[Competition law regulates the obligation to report the acquisition of company shares with certain requirements. However, each country regulates the reporting requirements with a different system, as well as Indonesia and South Korea. The problem formulation is how the regulation of the submission of share takeover reports according to Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and the Monopoly Regulation and Fair Trade Act in South Korea, as well as differences in the application of reporting delays in takeovers in Indonesia and South Korea. Normative juridical research method using secondary data, analyzed using qualitative methods with deductive inference. The results of research, discussion and conclusion that the submission of a share takeover report in Indonesia is regulated in Article 29 of the Antimonopoly Law jo. Article 5 of Government Regulation No. 57 of 2010 and South Korea in Article 12 of the MRFTA. Both countries use a post notification reporting system, but South Korea stipulates mandatory pre-notification with certain limitations. The sanction for late reporting in South Korea is relatively smaller, which is ₩100,000,000.00, while the late fine in Indonesia is calculated daily up to a maximum of Rp 25,000,000,000.]]>
<![CDATA[TANGGUNG JAWAB MERCHANT SHOPEE DALAM TRANSAKSI COD MENURUT HUKUM PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Stella Trixie Jane]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i3.13840
<![CDATA[One of the fast-growing e-commerce sites in Indonesia is Shopee. Shopee provides a Cash on Delivery (COD) payment method. The application of COD in fact gets a lot of public attention, because many consumers vent their anger at the courier because the goods sent do not match the order. The formulation of this problem is How are the legal consequences of business actors in Shopee application-based buying and selling transactions through Cash on Delivery (COD) for goods sent that are not in accordance with orders according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? And how is the responsibility of business actors in buying and selling transactions based on the Shopee application through Cash on Delivery (COD) for goods that are sent not in accordance with the order according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? Normative research method, analyzed using qualitative methods with deductive inference. The results of the research, discussion and conclusion, that the legal consequences of the Shopee application-based buying and selling transaction through COD, the business actor provides compensation and consumers can make complaints, and the responsibility of the business actor is contractual responsibility.]]>
<![CDATA[Core-Plasma Pattern Partnership Agreement with Micro-Small Business based on the Perspective of Competition Law ]]>
<![CDATA[Tri Anggraini, Anna Maria]]>;
<![CDATA[Kerti, Renti Maharaini]]>;
<![CDATA[Sabirin, Ahmad]]>
<![CDATA[ International Journal of Law and Public Policy (IJLAPP) Vol 5 No 1: March 2023 ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0501.476
<![CDATA[Partnership agreements that aim to mutually benefit both parties, especially empowering micro and small businesses, often have unfavorable consequences for parties whose bargaining position is weak, so that the business competition authority is also given supervisory authority over the implementation of the agreement. The imbalance in bargaining position in this agreement is the reason for writing to raise the issue of understanding owning and/or controlling micro and small businesses according to the applicable regulations and how it is implemented in the nucleus plasma partnership scheme for the oil palm plantation sector. This normative research includes prescriptive research using secondary data which is analyzed qualitatively and concluded using deductive methods. The results of this study indicate that the notion of having is defined as ownership of equity or capital, while the term control focuses more on managerial control which ultimately has an impact on asset control. The partnership agreement contains several clauses that have the potential to own and/or control micro-small businesses according to Law 20/2008 jo. Law 11/2020, besides that, it also has the potential to violate the provisions or principles of unfair business competition. However, this potential violation is difficult for competition authorities to reach due to the absence of technical regulations that explain the meaning of owning and/or controlling micro and small businesses. Therefore, KPPU needs to prepare further regulations in the form of guidelines that explain the limitations.]]>
<![CDATA[Consumer Protection in the Retail and Financial Services Sectors against the Practice of Exoneration Clauses ]]>
<![CDATA[Anggraini, Anna Maria Tri]]>;
<![CDATA[Simanjuntak, Megawati]]>;
<![CDATA[Safari, Arief]]>;
<![CDATA[Halim, Rizal E.]]>;
<![CDATA[Riyadi, Slamet]]>
<![CDATA[ Journal of Consumer Sciences Vol. 7 No. 2 (2022): Journal of Consumer Sciences ]]>
Publisher : <![CDATA[Department of Family and Consumer Sciences, Faculty of Human Ecology, IPB University ]]>
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DOI: 10.29244/jcs.7.2.83-96
<![CDATA[The rapid development of the business world has resulted in several changes to business actors in carrying out their business activities. This encourages the emergence of standard agreements as practicality in conducting transactions. This study aims to analyze consumer protection law and apply the principles of freedom of contract in standard agreements in online and retail financial services businesses—the descriptive qualitative method with data collection techniques using in-depth interviews and documentation studies. Informants were selected by purposive sampling. The results show that standard clauses have been regulated in Article 18 of the Consumer Protection Law. However, in practice, clauses are still found that violate and transfer responsibility to the detriment of consumers. Furthermore, regarding consumer dispute resolution, there is an overlap issue between the Financial Services Authority (OJK) and the Consumer Dispute Resolution Agency (BPSK). Therefore, if viewed from the principle of freedom of contract, the standard agreement cannot fulfill the principle of freedom of contract, and consumer protection, so especially in the financial services sector and retail, needs to increase preventive and repressive supervision by providing several alternatives dispute resolutions for disadvantaged consumers.]]>
<![CDATA[Protection of Consumers with Disabilities in The Public Services Sector (Legal Comparative with Australia) ]]>
<![CDATA[Anggraini, Anna Maria Tri]]>;
<![CDATA[Notoprayitno, Maya Indrasti]]>
<![CDATA[ Journal of Consumer Sciences Vol. 8 No. 1 (2023): Journal of Consumer Sciences ]]>
Publisher : <![CDATA[Department of Family and Consumer Sciences, Faculty of Human Ecology, IPB University ]]>
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DOI: 10.29244/jcs.8.1.1-14
<![CDATA[The existence of a consumer protection law and the ratification of the CRPD by the Indonesian government is expected to guarantee the safety and comfort of consumers, including persons with disabilities. Therefore, the problem of comparative regulation and institutional, as well as the supervision of the implementation of public services for persons with disabilities, is raised in Indonesia and Australia. Australia was chosen as a comparison because this country already has a comprehensive protection system for persons with disabilities and is fully committed to providing public service facilities. This research is a prescriptive normative research using secondary data consisting of primary legal materials and secondary legal materials. This study concludes that similar to Indonesia, the formation of regulations and policies in Australia in the public service sector for persons with disabilities has reached a technical level and is carried out in a coordinated manner between the center and the regions. The basic difference is that the institutional system that handles the planning, implementation, and supervision of public services for persons with disabilities in Indonesia is separated into various ministries and/or agencies so that it requires strengthening synergies at the central and regional levels so that the implementation of public services is guaranteed optimally.]]>
