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All Journal Yustisia Jurnal Dinamika Hukum Journal of Consumer Science LAW REVIEW JURISDICTIE Jurnal Hukum dan Syariah Jurnal Ilmu Keluarga dan Konsumen Empowerment : Jurnal Pengabdian Masyarakat Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Unes Law Review Jurnal Ilmiah Penegakan Hukum Media Iuris Jurnal Hukum Adigama International Journal of Law and Public Policy (IJLAPP) Journal of Law, Administration, and Social Science Jurnal AKAL: Abdimas dan Kearifan Lokal 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) Enrichment: Journal of Multidisciplinary Research and Development Policy Brief Pertanian, Kelautan, dan Biosains Tropika Amicus Curiae Journal of Law and Legal Reform JILS (Journal of Indonesian Legal Studies) Tribuere Rechtsnormen: Journal of Law Pamulang Law Review
Anna Maria Tri Anggraini
Fakultas Hukum, Universitas Trisakti
Religion Agriculture, Biological Sciences & Forestry Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Nursing Physics Public Health Social Sciences Transportation Other

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Constitutionalizing Independence: Repositioning Consumer Protection Agencies as Independent State Auxiliary Bodies Fitrah Bukhari; Anna Maria Tri Anggraini; Sri Bakti Yunari
Enrichment: Journal of Multidisciplinary Research and Development Vol. 4 No. 2 (2026): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v4i2.669

Abstract

Consumer protection law enforcement in Indonesia has been stagnant for decades due to the institutional design of the National Consumer Protection Agency (BPKN), which is subordinate and only has consultative-passive authority. The unclear status of BPKN's independence under previous regulations has created legal uncertainty and weakened the legitimacy of the institution in relation to the executive branch and business actors. This article aims to analyze in depth the urgency of repositioning BPKN as an independent state auxiliary body by relying on the ratio decidendi of the Constitutional Court Decision Number 235/PUU-XXIII/2025. The research method used is normative legal research with a statute approach and a conceptual approach. The results of the study show that constitutional recognition of BPKN’s independence is an absolute requirement to ensure the effectiveness of market supervision, free from bureaucratic intervention. This structural repositioning must be accompanied by a transformation of functional authority through the provision of administrative adjudication mandates to provide coercive power for the protection of consumer rights. This article concludes that the transformation of BPKN into an independent state institution is a strategic step in strengthening Indonesia's constitutional architecture to realize economic justice and consumer sovereignty in the modern trade era
The Form and Pattern of Business Actors Requirements in Exclusive Dealing: A Rule of Reason Approach Tri Anggraini, Anna Maria; Sabirin, Ahmad; Rumahorbo, Yoel Nixon A
Yustisia Vol 12, No 2: August 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i2.73316

Abstract

Tying is usually defined as the dominant company selling one product since the buyer must also purchase a different product or agree not to purchase the bonded product from other suppliers. This paper analyzes requirements imposed by the reported business actor on other parties deemed to have violated the tying and bundling under competition law in Indonesia, the U.S., and the European Union. Also, it discusses the application of the Rule of Reason by the competition commission in these three region. This study uses a comparative law approach. The results of the analysis show that a tying agreement is an agreement that requires the recipient of the supply to buy other products that are not necessarily needed. Usually, these agreements are entered into by two affiliated companies or at least cooperating partners, one of which occupies a dominant position to prevent competitors from entering the relevant market. Not all tying agreements have a negative impact. Therefore, an impact analysis is needed through a rule of reason approach, especially in digital-based industries.
Consumer Protection in the Retail and Financial Services Sectors against the Practice of Exoneration Clauses Anna Maria Tri Anggraini; Megawati Simanjuntak; Arief Safari; Rizal E. Halim; Slamet Riyadi
Journal of Consumer Sciences Vol. 7 No. 2 (2022): Journal of Consumer Sciences
Publisher : Department of Family and Consumer Sciences, Faculty of Social and Human Ecology, IPB University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29244/jcs.7.2.83-96

Abstract

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.
Protection of Consumers with Disabilities in The Public Services Sector (Legal Comparative with Australia) Anna Maria Tri Anggraini; Maya Indrasti Notoprayitno
Journal of Consumer Sciences Vol. 8 No. 1 (2023): Journal of Consumer Sciences
Publisher : Department of Family and Consumer Sciences, Faculty of Social and Human Ecology, IPB University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29244/jcs.8.1.1-14

Abstract

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.
How to Ensure Consumer Safety for Unbranded Refill Drinking Water Depots? Anna Maria Tri Anggraini
Journal of Consumer Sciences Vol. 8 No. 2 (2023): Journal of Consumer Sciences
Publisher : Department of Family and Consumer Sciences, Faculty of Social and Human Ecology, IPB University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29244/jcs.8.2.111-123

Abstract

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.
Consumer Protection Regarding Health Information and Warnings on Tobacco Cigarette Packaging Anna Maria Tri Anggraini; Dian Purnamasari; Ahmad Sabirin; Dimas Ananta Putra; Jhon Rojell Y. Elizaga
Journal of Consumer Sciences Vol. 9 No. 2 (2024): Journal of Consumer Sciences
Publisher : Department of Family and Consumer Sciences, Faculty of Social and Human Ecology, IPB University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29244/jcs.9.2.247-265

Abstract

Indonesia is one of the countries that has a cigarette community, it becomes a problem when the packaging on cigarettes does not provide accurate information, this certainly blames consumer protection. This study aims to delineate consumer protection measures regarding tobacco cigarette circulation without providing accurate information. Conducted in a normative framework. The findings suggest that legal protection for cigarette consumers who receive unclear or inaccurate information on cigarette product packaging can encompass preventive and repressive legal measures. Preventive measures are outlined in PP No. 109 of 2012 and PERMENKES No. 28 of 2013, specifically in Article 4 sub-articles c and i. Conversely, repressive measures enable individuals to file complaints with the Consumer Dispute Settlement Agency (known as BPSK) or initiate lawsuits. Furthermore, the responsibility of business actors to provide accurate information is underscored by Decision Number 32/Pid.B/2021/Pt. Pbr. This responsibility extends not only to distributors but also to cigarette manufacturers, such as PT. Leadon International, found in violation of various regulations, including Article 8 paragraph (1) sub-paragraphs a I, and j of the Godrej Consumer Products Limited (GCPL), in conjunction with Article 14 of Government Regulation Number 109 of 2012, and Article 10 paragraph (2) sub-paragraph a and paragraph (3) of PERMENKES No.28 of 2013. Sanctions for producers should adhere to Article 19, in conjunction with Article 62 paragraph (1) of the GCPL. At the same time, distributors face reprimands for product withdrawals as stipulated in Article 60 paragraph (3) of PP No. 109 of 2012.
Barriers to Entry: Who Decides and Who Benefits? Anna Maria Tri Anggraini; Ahmad Sabirin; Raafid Haidar Herfian
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.76984

Abstract

Prohibiting the entry of competitors (barriers to entry) into the relevant market is an activity forbidden by Law No. 5 of 1999. Dominant business actors do not solely instigate barriers to entry; regulations can also pose challenges for new entrants to compete in the relevant market. This research aims to identify the factors that create entry barriers imposed by business actors, leading to unhealthy business competition. The research approach uses qualitative-empirical methods, focusing on KPPU decisions, such as Number 15/KPPU-L/2018 and Number 14/KPPU-L/2015. The research findings and analysis reveal that barriers to entry may result from incumbent business actors' actions and/or regulations that facilitate the entry of new players. An example of a barrier to entry, as highlighted in KPPU decisions, involves the issuance of internal office memos that impose restrictions on the sale of competitors' products and impose high tariffs that increase competitors' production costs. A novelty in this study lies in the disclosure of power dynamics in decision-making and profit distribution among stakeholders that affect market accessibility. Then, the authors recommended that the KPPU provide clear guidelines on the term barriers to entry and that business actors develop compliance guidelines to prevent violations of Law No. 5 of 1999.
From Monopoly to Machine-opoly: Rethinking Market Regulations for Autonomous AI Agents Anna Maria Tri Anggraini; Ahmad Sabirin; Jimi Rambo Arranchado
Journal of Indonesian Legal Studies Vol. 11 No. 1 (2026): Contemporary Legal Responses to Technological, Economic, and Social Change
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v11i1.38477

Abstract

The paper examines the effectiveness and relevance of business competition law in regulating market dynamics in the AI era, and formulates an adaptive regulatory framework that aligns technological developments with the principles of justice and accountability. The method used is a normative-legal-research method with a qualitative approach. The paper's findings are that in the digital era driven by AI, the paradigm of business competition is undergoing a fundamental transformation that demands a profound reflection on existing legal principles. The phenomenon of machine-opoly, monopolies generated by autonomous AI agents, challenges traditional concepts of fair competition. This issue underscores the tension between technological innovation as a force for value creation and the need for fairness and balance in the market. From a theoretical perspective, AI presents non-human actors running complex algorithms, which opens up space for collusion and market domination practices that are difficult to detect and control by conventional regulation. The emergence of machine-opoly transformed traditional monopolies into dominance based on algorithms, data, and autonomous artificial intelligence. Through the TFEU and AI Act, the EU has integrated transparency and accountability into competition law, followed by the US, the UK, Australia, and China with similar adaptive measures. Indonesia, through Law No. 5 of 1999, still faces limitations in regulating algorithmic behavior. Therefore, regulatory reforms that emphasize algorithmic transparency and supervisory capacity are essential to maintain the fairness and innovation of digital markets.
Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition Anna Maria Tri Anggraini; Ahmad Sabirin; Maria Silvya Elisabeth Wangga; Sharda Abrianti; Serena Ortigosa Fernandez
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.12437

Abstract

On several occasions, Indonesian competition authorities have attempted to apply Article 14 to adjudicate violations related to vertical integration practices; however, these attempts were invalidated at the objection and cassation levels. The criteria utilized include the concepts of unfair business competition and public harm, as these terms are instrumental in determining the impacts of violations concerning vertical integration. This research aims to examine the legal approaches employed by Indonesian competition authorities in addressing vertical integration, with a particular focus on the technology sector. The findings indicate that the criteria for assessing whether vertical integration constitutes a violation of unfair business competition vary among Indonesia, the United States, and the European Union. In Indonesia, the emphasis is on preventing the exclusion of access to essential raw materials or significant buyers, utilizing the Rule of Reason approach. In contrast, the U.S. evaluates public detriment by balancing fairness and competitive benefits, whereas the EU focuses on market dominance and its potential to reduce competition. Despite these variations, all three jurisdictions share a common objective of enhancing consumer welfare and promoting competitive market conditions, with specific regard to differing regulations on online sales restrictions.
Indonesian Bankruptcy Law From A Sociological Jurisprudence Perspective Alfin Sulaiman; Siti Nurbaiti; Anna Maria Tri Anggraini
Rechtsnormen: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v4i1.3228

Abstract

Background. Indonesian bankruptcy law under Law Number 37 of 2004 is formally designed as a technical mechanism for collective debt settlement, yet its application operates within a socio-cultural context that perceives insolvency as a moral failure and social stigma. Purpose. This study aims to analyze how Indonesian bankruptcy law functions as an instrument of social engineering when examined through the perspective of sociological jurisprudence, particularly in balancing creditor rights, business continuity, and broader socio-economic stability. Method. The research employs a normative legal method using statutory and conceptual approaches. Primary legal materials include bankruptcy legislation and relevant judicial decisions, while secondary materials consist of doctrinal writings on sociological jurisprudence and insolvency law. Results. The study finds that the suspension of debt payment mechanism contributes to the preservation of the social function of business entities by enabling courts to prioritize restructuring over liquidation, thereby supporting employment protection and macroeconomic stability. In practice, this is reflected in judicial tendencies to emphasize going concern considerations and consensual settlement during PKPU proceedings. Conclusion. This study offers a novel contribution by systematically positioning bankruptcy law as a form of institutionalized social engineering, demonstrating that integrating sociological considerations into judicial interpretation and normative reform is essential for transforming bankruptcy law from a liquidation-centered mechanism into a constructive instrument for economic resilience and social justice.
Co-Authors Abriant, Sharda Abrianti, Sharda Ahmad Sabirin Ahmad Sabirin Ahmad Sabirin Ahmad Sabirin Alex Siswanto Alfin Sulaiman Alfiyyah Inayah Taqyuddin Andrina, Bidhari Arief Safari Azzahra, Mutiara Bachry, Ramadhana Anindyajati Berto Mulia Wibawa Dian Purnamasari Dian Purnamasari Dimas Ananta Putra Dwi Tiara Febrina Elfrida Ratnawati Elizaga , Jhon Rojell Y. Ermania Widjajanti Farhandi Himawan Farhandi Himawan Fitrah Bukhari Gladys Prita Pertiwi Grace Michaela Japranata Grace Riana Yudistira Hendrian Wulansari Ignatius Pradipta Probondaru Illona . Imam Hartanto Intan Purwanti Jhon Haward Hutagaol Jhon Rojell Y. Elizaga Jimi Rambo Arranchado Joice Chintya Mardohar Kabes, Irianto Kemal Kusuma Wardana Kerti, Renti Maharaini Laeli Rahmawati M Faqih Surbakti M Faqih Surbakti Magfirah, Wanda Pasya Mahal Frawansa, Syukron Mali, Yosefa Oktriviani Mutiara Mardohar, Joice Chintya Maria Silvya Elisabeth Wangga Maya Indrasti Notoprayitno Mayva, Verandha Megawati Simanjuntak Mia Amelia Monica Alina Yolanda Muhammad Fathan Zahran Dika Muhammad Raldo Johansyah Muhammad Riziq Babeheer Muhammad Vachry Irsyad Prasanna Muninggar, Roro Ajeng Nadya Angelina Notoprayitno, Maya Indrast Notoprayitno, Maya Indrasti Oktabiani, Andiya Putra, Dimas Ananta Putri Fildzah Andini Raafid Haidar Herfian Raafid Haidar Herfian Rafli Syah Maulana Rahma, Rais Akbar Rahmadhani, Zahra Fide Raras Ayundhani Rizal E. Halim Rizal Edy Halim Rizka Syarifa Roro Ajeng Muninggar Rumahorbo, Yoel Nixon A Sabirin, Ahmad Safari , Arif Safari, Arief Salsabila, Anzela Séréna Ortigosa Fernandez Serena Ortigosa Fernandez Sharda Abrianti Sharda Abrianti Simanullang, Venty Elisa Margareth Siti Nurbaiti Slamet Riyadi Slamet Riyadi Sri Bakti Yunari Stella Trixie Jane Sultan Naufal Sivha Syahreza Jakti Kusuma Syukron Mahal Frawansa Takenia Tifany Triani Nabila Diaqilah Surmana Tribuana Chris Shinta Tubagus Andri Purnama Vizna Qurrotul A’yuniyah Wangga, Maria Silvya Elisabeth Wati, Widiya Yohanes Firmansyah Zayyan, Khalillah