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Reviewing Law Enforcement on Small and Medium Enterprise Partnerships in Indonesia from a Competition Law Perspective Anita Afriana; Efa Laela Fakhriah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5132

Abstract

Micro, small, and medium enterprises (MSMEs) play a crucial role in the economic development of Indonesia. One activity MSMEs can engage in is forming partnerships. These partnerships are established through innominate contracts, which, in principle, constitute partnership agreements. The Business Competition Supervision Commission, or Komisi Pengawasan Persaingan Usaha (KPPU), holds the authority to oversee both the formation and performance of partnership agreements entered into by MSMEs. This article uses a normative juridical approach with qualitative data to evaluate the supervisory role of KPPU in overseeing the performance of partnership agreements and the amicable settlement of disputes through changes in behavior under competition law. The results conclude that KPPU oversees compliance with the agreements and performance in accordance with general contractual principles, specifically those that must be included in partnership agreements. KPPU’s supervision, as part of law enforcement, occurs in two phases: the preliminary stage and the subsequent stage. In the subsequent stage, KPPU may impose administrative sanctions and criminal compensation based on the material facts of the proceedings. If the reported party changes their behavior during the preliminary stage, the proceeding may be terminated, allowing the dispute to be settled amicably. This approach should be prioritized as part of restorative justice, as it emphasizes law enforcement focused on restoring the original state and reestablishing harmonious relationships within society.
Integrating AI into Small Claims Courts: Lessons from Global Practices for Legal Reform in Indonesia Satrio, Dwi Bintang; Artaji, Artaji; Fakhriah, Efa Laela; Yassine, Chami
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.24028

Abstract

Indonesia’s civil judicial system persists in facing procedural inefficiencies, especially with small claims, notwithstanding the implementation of the e-Court system. The lack of intelligent assistance in this digital infrastructure obstructs the achievement of efficient, rapid, and cost-effective adjudication as required by law. This study seeks to investigate the potential incorporation of artificial intelligence (AI) into Indonesia’s small claims process as a tool for legislative and institutional change. The research used a normative legal methodology, incorporating statutory and comparative analyses, to derive insights from the regulatory frameworks and judicial innovations of China, Singapore, and Canada. These jurisdictions have effectively utilized AI for claim classification, procedural assistance, and facilitating access for self-represented litigants, according to the results. In contrast to traditional digital technologies, AI facilitates cognitive capabilities like pattern identification and legal triage, which can substantially reduce administrative burdens and improve judicial uniformity. The study presents a reform approach for Indonesia that integrates AI in the initial procedural phases—specifically in claim registration and preliminary review—while maintaining judicial independence and due process. This study’s originality resides in its integration of comparative law, legal technology, and Indonesian procedural realities to present a contextually relevant, ethically informed paradigm for AI-enhanced adjudication. If properly regulated and strategically implemented, this integration can convert small claims courts into more accessible, efficient, and equitable institutions, reinforcing the judiciary’s constitutional responsibility in providing substantive justice.