ENDANG MUSTIKOWATI
Universitas Muhammadiyah Luwuk

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ANALISIS NORMATIF TERHADAP PENGAJUAN GUGATAN PERWAKILAN KELOMPOK (CLASS ACTION) DI PENGADILAN MENURUT HUKUM ACARA PERDATA ENDANG MUSTIKOWATI
Jurnal Yustisiabel Vol 3, No 1 (2019)
Publisher : Fakultas Hukum Universitas Muhammadiyah Luwuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.148 KB) | DOI: 10.32529/yustisiabel.v3i1.298

Abstract

This research aims to study the object of research from the aspect of legal statutory arrangements regarding the position of the Lawsuit (Class Action) in the law of civil liability. The research method used was the normative legal research i.e. research on legal materials which adhere to the provisions of the applicable legislation. The conclusion that the terms of Formyl which is a condition sine qua non filed Class Action outlined PERMA number. 1 year 2002 is there a group (class) that is a member of the group consists of many individual (individuals) who have in common the fact and the legal basis of the filing procedures in class action lawsuit. The filing of the lawsuit class action in so far as this is not regulated in law but regulated in the rules of the Supreme Court (PERMA) Number 1 of the year 2002 Concerning the procedures for the community Representative Plaintiff Filings (Class Action). As for the procedure for the settlement of a Class Action lawsuit is: a. petition for filing the lawsuit Class Action basis b. certification process or the granting of the permit Notification c. d. examination and proof in Class Action e. implementation of the verdict.
Legal Analysis of Predator Pricing Practices in Business Competition in the Digital Economy Era Rahmat Setiawan; Endang Mustikowati
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zd9yyw84

Abstract

The rapid development of information and communication technology has changed the mechanism of business competition in the era of the digital economy, where digital companies use aggressive pricing strategies such as predatory pricing to eliminate competitors. Predator pricing, which is the setting of prices very low below production costs with the aim of weeding out competitors, is often disguised as a promotion or market acquisition strategy by large startups and digital platforms. This poses a major challenge in competition law enforcement in Indonesia because it is difficult to prove predatory intent and set very low price limits in the context of complex digital business models and limited cost transparency. Article 20 of Law No. 5 of 1999 normatively prohibits this practice, but its application is less adaptive to the characteristics of the digital economy. This study uses a normative juridical method with a study of regulations, ICC decisions, and international literature to examine the adequacy of legal norms related to predator pricing in Indonesia. The results of the study show the need to update regulations and increase the capacity of ICC in order to overcome market distortions due to predatory pricing strategies, especially those that have an impact on the sustainability of MSMEs. A multidisciplinary approach that integrates legal analysis, the digital economy, and data is ess.