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All Journal Masalah-Masalah Hukum Diponegoro Law Review Journal of Indonesian Legal Studies
Paramita Prananingtyas
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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SUPERVISION OF KPPU ON THE ACTION OF MERGERS DONE BY MINING COMPANIES Preeti Kartika Putri; Paramita Prananingtyas
Diponegoro Law Review Vol 5, No 1 (2020): Diponegoro Law Review April 2020
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (575.82 KB) | DOI: 10.14710/dilrev.5.1.2020.108-123

Abstract

Mining companies conduct mergers to ensure and strengthen their position in their relevant market. Mining company mergers that aren’t supervised can result in monopoly and unfair business practices. The issue discussed is the supervision of mergers for mining companies by KPPU. This is a normative juridical research through a statutory and conceptual approach. The result indicates that mining companies are subject to legal provisions of limited liability company and competition law.There is no regulations regarding mergers in Indonesian mining law.Supervision of said mergers by KPPU can be carried out by voluntary consultation or by obligatory post merger notification. The scope of KPPU's supervision also includes mining companies’ compliances in case of notification. Delay of such notification will be examined by KPPU and subsequently fined if proven to have committed violation. However, post merger notification is only adopted by only a few countries for it is considered no longer guarantee legal certainty.
EXISTENCE AND CHARACTERISTICS OF SOLE PROPRIETORSHIP IN INDONESIA Aliza Madina Putri; Paramita Prananingtyas
Diponegoro Law Review Vol 7, No 2 (2022): Diponegoro Law Review October 2022
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.7.2.2022.245-261

Abstract

Sole proprietorship is the simplest business form and most used for Micro, Small and Medium Enterprises that has been dominating Indonesia’s economy. Sole proprietorship wasn’t a legal entity, therefore it has an unlimited liability. This become a consideration for entrepreneurs when they start a business. The issue discussed the existence and characteristics of sole proprietorship in Indonesia after Law 11/2020. This is a normative juridical research through a statutory and conceptual approach. The purpose of this research is to explain the characteristic of sole proprietorship in Indonesia and compares it with other Asian countries. The result indicates that sole proprietorship based on Law 11/2020 is a new legal entity as the concept expansion of Limited Liability Company with a limited liability that meets the criteria of micro and small business. It provides legality for entrepreneurs and a facility to access sources of funding. The regulation that determines sole proprietorship as a legal entity is only adopted by few countries like India.
Indonesian Patent Law Reform for Simple Patent Innovations on Achieving Welfare State Objectives Waspiah Waspiah; Budi Santoso; Paramita Prananingtyas; Muhammad Iqbal Baiquni; Dany Eka Saputra
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.69214

Abstract

The main focus of this research is to examine the legal protection of simple patent innovations within the Indonesian patent system, considering their substance, structure, and legal culture. The objective is to advocate for the reformulation of regulations concerning the social and economic utilization of intellectual property, specifically simple patents, in order to address their impact on public interest from a welfare state perspective. The current regulations governing simple patents demonstrate monopolistic and individualistic tendencies. This study utilizes a normative juridical research method and employs a statute-based approach to critically analyze the provisions of Law No. 13 of 2016, commonly known as the Patent Law. The research findings indicate that the current regulation fails to adequately support inventors of simple patents. The existing first-to-file registration system, resembling that of regular patents, has resulted in low rates of acquisition and registration for simple patents. Consequently, it can be concluded that the regulation of simple patents under the Patent Law does not favor inventors of such patents. In order to rectify this issue, it is crucial to reformulate the legal protection of simple patent innovations based on the principles of the welfare state. The ideal formulation of the Patent Law should take into account the norms and values prevalent within the inventor community, thereby necessitating a reformulation of the legal protection system rooted in the substance, structure, and legal culture in Indonesia.
RE-EVALUATION OF CREDITOR PROTECTION IN MORTGAGE ENFORCEMENT: THE LEGAL PERSPECTIVES OF THE AUCTION ENFORCEMENT OF MORTGAGE OBJECTS UNDER THE INDONESIAN LAW Ayup Suran Ningsih; Norhaini Binti Nion; Paramita Prananingtyas; Harumsari Puspa Wardhani
Masalah-Masalah Hukum Vol 54, No 3 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.3.2025.446-461

Abstract

This paper discusses the usage and application of mortgage rights in Indonesia, especially Law No. 4 of 1996, which is intended to offer legal protection to the creditors and debtors in credit agreements. The collateralized debt agreements are frequently used in business financing, and land is usually the security since it is not prone to fluctuations. With the introduction of the Mortgage Rights Act, a more established framework of such agreements has been made, and legal certainty of creditors has been increased through giving them the power to make claims against collateral in the event of default of the debtor. Nevertheless, the application of mortgage rights, especially in the implementation process, is not without problems, though it has its benefits. Creditors can also challenge laws: a third party can claim them, or a debtor can challenge their efforts, and legal challenges by creditors are not always straightforward to execute due to procedural hold-ups. The law offers preventative legal security in the form of clear agreements and valid collateral instruments. Yet, it is full of repressive provisions, given that creditors are also granted legal action in the event of default. The paper puts a lot of emphasis on the need to balance the interests of the creditors and the interests of the debtors and emphasizes the necessity of having a lean and efficient process. Although the decision of the creditors to buy the mortgage rights presents substantial benefits, the mechanism of overcoming the process of the auction and the ability to guarantee the best outcomes to all participants can be improved. In general, the paper highlights the necessity to develop such legal frameworks further in order to make the goals of the Mortgage Rights Act to the fullest extent, to provide a more stable and reliable financial environment.
Co-Authors Aliza Madina Putri Budi Santoso Dany Eka Saputra Harumsari Puspa Wardhani Muhammad Iqbal Baiquni Ningsih, Ayup Suran Norhaini Binti Nion Preeti Kartika Putri Waspiah Waspiah