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PRINSIP COMPETITIVE NEUTRALITY DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA: The Principle of Competitive Neutrality in the Perspective of Competition Law Muhammad Riziq Babeheer; Maria Tri Anggraini, Anna
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i2.25232

Abstract

This study examines the principle of competitive neutrality from the perspective of competition law. This principle has become increasingly relevant as economic activities grow more complex and potentially create unequal treatment among business actors. The research problem focuses on how the principle of competitive neutrality is interpreted within Indonesian competition law, particularly under Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. This study employs a normative legal research method with a statutory and conceptual approach. The analysis is conducted on the provisions of Law Number 5 of 1999, supported by relevant literature and legal documents related to the principle of competitive neutrality. The results and conclusions show that the principle of competitive neutrality is not explicitly regulated under Law Number 5 of 1999. Nevertheless, its values and substance are consistent with the objectives of competition law in promoting fair competition and preventing unjust advantages for certain business actors. Therefore, the principle of competitive neutrality can serve as a conceptual basis to interpret and strengthen the enforcement of competition law in Indonesia in order to maintain a level playing field.
STANDARISASI ALAT UKUR, TAKAR, TIMBANG, DAN PERLENGKAPANNYA DI PASAR TRADISIONAL DALAM MENJAMIN HAK KONSUMEN: Standardization of Measuring, Weighing, and Related Instruments in Traditional Markets to safeguard Consumer Rights Triani Nabila Diaqilah Surmana; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i2.25254

Abstract

The use of measuring, weighing, and filling instruments and their accessories plays a crucial role in commercial transactions in traditional markets, as it directly affects the accuracy of product quantities and prices paid by consumers. Inaccurate instruments can cause consumer losses and violate the right to accurate, clear, and honest information. This article examines how consumer rights can be protected through the proper use of measuring, weighing, and filling instruments and how standardization is implemented in traditional markets. This study employs normative legal research using a regulatory approach, supported by an analysis of primary and secondary legal materials. The findings indicate that standardization through calibration and recalibration serves as an essential legal mechanism to ensure measurement accuracy and promote orderly trade practices. However, its implementation remains suboptimal due to low compliance among business actors and insufficient supervision. Therefore, strengthening supervision and law enforcement is necessary to ensure effective consumer protection in traditional markets.
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.
Integrating the Indonesian Competition Law and Renewable Energy Policy: Challenges and Strategies Towards Sustainability Anggraini, Anna Maria Tri; Sabirin, Ahmad; Wicaksana, Arif; Abrianti, Sharda; Arranchado, Jimi Rambo
Yustisia Vol 15, No 1: April 2026
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v15i1.101630

Abstract

The Indonesia's switch to renewable energy is crucial to combating climate change, meeting international decarbonisation goals, and ensuring energy security. However, institutional and regulatory barriers, especially under competition law, hinder renewable energy development. This paper examines whether Indonesia's competition law framework supports renewable energy development and proposes legal reform to balance market regulation and sustainability. The study analyses competition regulation and energy and regulatory development in the EU and China utilising normative legal research methods: statutory, conceptual, and comparison. The results show that Law Number 5 of 1999 still prioritises economic efficiency and market structure over sustainability. Renewable energy investment and innovation are hindered by market entry barriers, restricted infrastructural access, highly concentrated market structures, and state-owned energy businesses. A comparative analysis demonstrates that competition legislation can help energy transition when environmental and sustainability benefits are included. Therefore, this study recommends revising Article 51 of Law Number 5 of 1999, integrating sustainability criteria into competition analysis, providing fair access to energy infrastructure, and harmonising competition, energy, and environmental laws to create a more competitive, innovative, and sustainable renewable energy ecosystem in Indonesia.
Co-Authors Abriant, Sharda Abrianti, Sharda Ahmad Sabirin Alex Siswanto Alfiyyah Inayah Taqyuddin Andini, Putri Fildzah Andrina, Bidhari Arif Wicaksana Arranchado, Jimi Rambo 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 Fitrah Bukhari Gladys Prita Pertiwi Grace Michaela Japranata Grace Riana Yudistira Hendrian Wulansari Ignatius Pradipta Probondaru Illona . Imam Hartanto Intan Purwanti 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 Riziq Babeheer Muhammad Vachry Irsyad Prasanna Muninggar, Roro Ajeng Nadya Angelina Notoprayitno, Maya Indrast 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 Rumahorbo, Yoel Nixon A Sabirin, Ahmad Safari , Arif Safari, Arief Salsabila, Anzela Séréna Ortigosa Fernandez Sharda Abrianti Sharda Abrianti Simanullang, Venty Elisa Margareth Slamet Riyadi Sri Bakti Yunari Stella Trixie Jane Sultan Naufal Sivha Syahreza Jakti Kusuma Syarifa, Rizka 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