Articles
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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[- TINDAKAN MENGHAMBAT MASUK (BARRIER TO ENTRY) PELAKU USAHA DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA: - ]]>
<![CDATA[Raafid Haidar Herfian]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25105/refor.v5i4.18403
<![CDATA[The act of inhibiting and/or blocking entry is contained in Article (17), (19), and (25) of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. Barrier to entry result in the difficulty for Business Actors to be participate in the market. The problem is how the qualifications of business actors' actions can be categorized as barriers to entry based on competition law and how the KPPU applies the element of barrier to entry in KPPU’s case. This research is a normative research that uses secondary data and is supported by interviews. The data is analyzed qualitatively and concluded by deductive method. The results of the research and analysis show that barriers to entry can occur due to the behavior of incumbent business actors and/or regulations that makes difficult for new players to enter. The forms of barrier to entry in KPPU decisions are the establishment of internal office memos containing requirements not to sell competitors' products, and setting high tariffs that burden competitors' production costs. Therefore, KPPU needs to clarify the term barrier to entry in its guidelines, and business actors should develop compliance guidelines to prevent violations of Law Number 5/1999]]>
<![CDATA[ISTILAH MENGUASAI TERHADAP UMKM DALAM HUBUNGAN KEMITRAAN DENGAN BENTUK INTI-PLASMA ]]>
<![CDATA[Intan Purwanti]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25105/refor.v5i4.18499
<![CDATA[In the modern business landscape, large and small companies frequently form collaboration agreements with micro, small, and medium-sized enterprises (MSMEs), creating mutual benefits. This study investigates the interpretation of 'ownership' and/or 'control' of MSMEs as business partners in partnerships, examining the application of criteria in two KPPU decisions (Number 21/KPPU-K/2019 and Number 03/KPPU-K/2021). Using normative and descriptive research methods with primary and secondary data, the study finds that 'ownership' implies an unequal condition resulting in a loss for one party, while 'control' involves decision-taking. The decisions reveal instances of domination by large businesses over MSMEs, each with distinct criteria for control and/or ownership. The study recommends KPPU to formulate guidelines clarifying the terms 'owning' and/or 'controlling' concerning medium/large businesses towards MSMEs.]]>
<![CDATA[PENYALAHGUNAAN PENGUASAAN PASAR TERHADAP PELAKU USAHA LAIN DI PELABUHAN YOS SUDARSO AMBON BERDASARKAN HUKUM PERSAINGAN USAHA: ]]>
<![CDATA[Kemal Kusuma Wardana]]>;
<![CDATA[Anna Maria Tri Anggraini]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.25105/refor.v5i4.18690
<![CDATA[The activities carried out by PT Pelabuhan Indonesia (Persero) constitute a violation of Article 19 Letters a and b of Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition. The formulation of the problem in this research is the form of abuse of market control carried out by PT Pelabuhan Indonesia (Persero) according to Article 19 of Law Number 5 of 1999 concerning Prohibition of Monopoly Practices and Unfair Business Competition and how the KPPU applies whether there are violations of Article 19 of Law 5 /1999 in KPPU Case Decision No. 29/KPPU-L/2020. This research uses a descriptive type of normative research, with secondary data obtained by literature study. The results of the research, discussion and conclusions in this research are that PT Pelabuhan Indonesia abuses market control in the form of circulars aimed at taking over loading and unloading activities carried out by other business actors operating at the port. The circular letter made by PT Pelabuhan Indonesia has no basis and is not binding, so the letter is purely an initiative of PT Pelabuhan Indonesia to make it. KPPU does not have strong evidence so PT Pelabuhan Indonesia declared not to have violated.]]>
<![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) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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.]]>
<![CDATA[How to Ensure Consumer Safety for Unbranded Refill Drinking Water Depots? ]]>
<![CDATA[Anggraini, Anna Maria Tri]]>
<![CDATA[ Journal of Consumer Sciences Vol. 8 No. 2 (2023): Journal of Consumer Sciences ]]>
Publisher : <![CDATA[Department of Family and Consumer Sciences, Faculty of Human Ecology, IPB University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.29244/jcs.8.2.111-123
<![CDATA[Drinking water is water that has been processed to meet health standard regulations. However, some water can be consumed directly without several processes if it meets health safety requirements. This research aims to ensure the safety, health, and hygiene of unbranded refilled drinking water by looking at the quality of the drinking water content following SNI (Indonesian National Standard) standards and providing recommendations to the government to protect consumers of unbranded drinking water. This research applied qualitative methods through data collection techniques Focus Group Discussion (FGD), literature studies, and field observations in Semarang and Balikpapan. This study found that some refilled drinking water depots violated applicable safety regulations. However, no legal sanctions were applied for the business actors who violated it, and no regional regulations or Mayer Regulations regulate the unbranded refilled drinking water. Therefore, efforts need to be made to foster actors, educate consumers to be smart in choosing drinking water, and the establishment of implementing regulations from the Regulation of the Minister of Health Number 492 of 2010 in supervising business actors from this research is expected to be an effort to increase consumer protection in Indonesia.]]>
