Paramita Prananingtyas
Faculty of Law, Universitas Diponegoro

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Journal : Diponegoro Law Review

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.