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Persaingan Usaha Antara Ojek Pangkalan (Konvensional) Dan Ojek Online Maya Aprillya Putri; Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.536

Abstract

The development of communication media has led to the presence of applications to order online motorcycle taxi transportation services. The application can be easily downloaded via PlayStore or similar applications. Therefore, the purpose of this discussion is to find out how business competition is between conventional ojek and online ojek business actors. In Indonesia there are several online motorcycle taxi service providers such as Grab, Gojek, and Maxim. The services provided are not only in the form of online motorcycle taxi services, but also in the form of food delivery services (grabfood), online shopping services (grabmart), package delivery (grabexpress) and other services. It is known that there are problems between online motorcycle taxis and conventional motorcycle taxis that have occurred, such as the beating by a conventional motorcycle taxi driver against a Gojek driver in Bojongsoang, Bandung. In this study, the authors used a qualitative type of research because it discussed business competition between business actors. Meanwhile, the nature of the research used is descriptive research. The research approach used by the author in this journal is included in the type of statutory approach and the Case Approach.
Persaingan Usaha Jasa Transportasi Online Ditinjau Dari Undang-Undang Nomor 5 Tahun 1999 Tiara Rizky Aprillia; Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.558

Abstract

In the current era of globalization, the progress of technology and information development occurs very quickly. Developments in the transportation sector have experienced significant changes with the presence of online transportation services in the form of an application. Online transportation service applications are very easy to use which has an impact on other transportation services. Therefore, the purpose of this discussion is carried out in order to find out how business competition lies therein, including between online transportation service business actors and ordinary (conventional) transportation businesses. Some online transportation service providers in Indonesia include Uber, Grab, Go-jek, In-driver, and others. The services provided by online transportation services are not only in the form of transportation services, but offer food delivery services, online shopping services, and services to deliver packages. Business competition between online transportation services and (conventional) transportation services causes unfair business competition. In this research, the author uses a qualitative research type because the author discusses the business competition between the two by conducting an analysis. The research approach used by the author in this journal is to use a statutory approach.
Keterkaitan Pemberian Discount Pada Produk Kosmetik Dengan Konsep Predatory Pricing Dalam Perspektif Hukum Persaingan Usaha Firsty Sasi Suci Ramadhani; R. Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.562

Abstract

Giving discounts on each product is also the main target to increase the number of buyers. Discount is a price discount given by the seller to the buyer as a reward for certain activities from the buyer that are pleasant for the seller. Undang-Undang Nomor 5 Tahun 1999 tentang Larangan Praktik Monopoli dan Usaha Tidak Sehat has regulated how a business actor may not practice business competition by setting prices below other business competitors. One of them is known as Predatory Pricing, which is an act of a business actor providing a very low price for his product so that his competitors are unable to compete with him and are then forced to leave the market. One example of predatory pricing is the case of giving a large discount to a cosmetic brand which indicates a lower price than other competing brands.
PERJANJIAN KARTEL SEBAGAI BENTUK PERSAINGAN USAHA TIDAK SEHAT DALAM KASUS PT. YAMAHA DAN PT. ASTRA HONDA Bagus Alief Massayyid; Aldira Mara Ditta Caesar Purwanto; Teddy Prima Anggriawan
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.574

Abstract

Trade is a very promising livelihood. Where in addition to the community, there are also relatively many supporters of the trade process, trade itself is a livelihood that can promise high levels of prosperity by business actors. It's just that the problem in a competition is what is called fair competition or unhealthy competition. Here it is clear that the problem is unhealthy competition where there is a lot of competition. deviation where the deviation causes one of the parties to be harmed. One example of a case of unfair business competition is the Cartel Agreement as a Form of Unfair Business Competition in the Case of PT. Yamaha Indonesia Motor Manufacturing and PT. Astra Honda Motor. Unfair business competition can result in a party losing money and can damage the smooth progress of the local and world economy. Therefore, before it's too late to overcome unfair business competition, we must prevent that from happening. If it is proven that the business actor committed fraud in business competition, namely carrying out prohibited activities which resulted in monopolistic practices and or unfair business competition, then the sanction that will be obtained can be in the form of administrative action.
PERAN KOMISI PENGAWAS PERSAINGAN USAHA (KPPU) DALAM PRAKTIK KARTEL MINYAK GORENG Nabilla Rahmadina Hariyanti; R. Teddy Prima Anggriawan; Aldira Mara Ditta Caesar Purwanto
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.575

Abstract

Business is a works that generates certain profits that are run with the capital used to make the business. In a business there are several important factors, one of which is the potential and business opportunities. In starting or running a business, it is not far from the thing called competition. What is meant by competition, in this topic is business competition, is the efforts of two parties/more companies, each of which is active in obtaining orders by offering the most favorable prices/conditions. One form of business competition is cartel practice. Based on the Law of the Republic of Indonesia Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, it is stated that the Business Competition Supervisory Commission is a commission established to supervise business actors in carrying out their business activities so that they do not engage in monopolies and or unfair business competition. In this study, the authors analyze the workings and roles of the KPPU in dealing with cartel practices.
Pelaksanaan Eksekusi Objek Jaminan Gadai dengan Akad Rahn di Pegadaian Syariah Cabang Babakan Surabaya Aisyah, Tiara Putri; Caesar Purwanto, Aldira Mara Ditta
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 16 No 1 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v16i1.8328

Abstract

Ideally, Islamic financial institutions like Pegadaian Syariah Cabang Babakan Surabaya should conduct the execution of pledged collateral through the akad rahn fairly and in accordance with sharia principles, with clients understanding and fulfilling their payment obligations on time. However, in reality, there is a significant level of default among clients who do not fully understand the content and consequences of the contract, leading to delays or inability to repay loans on time. This study employs an empirical juridical method with conflict and stratification approaches to understand the execution of pledged collateral and identify the obstacles and solutions. The results indicate that Islamic pawning, conducted through akad rahn and ijarah, as stipulated by DSN-MUI Fatwa No. 25/DSN-MUI/III/2002, with a loan repayment period limited to 120 days, is not comprehensively understood by clients. This results in suboptimal understanding and awareness of the akad rahn and the auction execution process, especially when compounded by fluctuating market conditions. Despite clear regulations, the number of collateral objects auctioned each year remains significant, highlighting the need for more intensive education and more effective promotional strategies to address these challenges.
Kedudukan Rahasia Dagang sebagai Harta Gono-Gini Caesar Purwanto, Aldira Mara Ditta; Luthfiyah Chusnida, Nabilah
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1751

Abstract

Trade secrets or what is now known as undisclosed information are part of IPR which is parallel to other forms of IPR such as patents, brands, industrial product designs, copyrights, etc. The method used is normative juridical. According to legal experts, trade secrets are included in the category of intangible movable objects, in the form of rights that have moral, practical and economic value. Based on what is stated above, trade secrets become a right that has moral and economic value. However, when the owner of the IPR dies or there is a divorce in the household, it is very likely that problems will arise because of the economic value of the trade secret. The result is that trade secrets are intellectual property of high value and must be protected, then secrets can be said to be joint property if they are registered during the marriage period, but if they are registered before the marriage period they are said to be personal property of each individual. However, if the economic value is in the form of royalties on If the trade secret is received or obtained after the marriage, it is wealth in the household which becomes joint property. So, if a divorce occurs, it can become joint property that must be divided.
Tinjauan Yuridis Hak Royalti Sebagai Harta Bersama dalam Perkawinan Maulidina, Alfi Dianti; Purwanto, Aldira Mara Ditta Caesar
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1554

Abstract

There are two concepts regarding marital assets according to the legal system in Indonesia, namely in the form of personal assets and joint assets. The correlation between marital property and IPR includes the legal and economic relationship between joint ownership of certain assets and the protection of creative or innovative rights. This research was conducted using normative research methods using statutory, conceptual and case approaches. The purpose of this research is to find out the position of royalties as marital property according to marriage law in Indonesia and to find out about the legal measures that can be taken by the parties regarding royalty rights as marital property in the event of a divorce. The research show that Copyright is a material right, so it can be concluded that Royalties fall into the category of intangible movable objects. Royalties which are intangible movable objects have value as joint assets. Then, dispute resolution regarding joint assets can be carried out through litigation and non-litigation processes. In practice, the division of joint assets can usually be resolved amicably, but if there is no agreement it will result in a legal process involving filing a lawsuit with the Religious Court. In terms of the division of marital property, it is regulated in the Civil Code, Marriage Law, and the Compilation of Islamic Law and the judge's considerations are based on the value of justice.
Akibat Hukum Kontrak Elektronik yang dibuat dalam Bahasa Asing Sari, Hani Puspita; Purwanto, Aldira Mara Ditta Caesar
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1515

Abstract

Decisions to cancel foreign-language contracts in Indonesia are often linked to non-compliance with the valid terms of the contract regulated in Article 1320 KUH Perdata. The use of language in electronic contracts has become an important issue because the valid conditions of an electronic contract in Article 47 PP No. 71 Year 2019 refer to the valid contractual conditions in Article 1320 KUH Perdata. Furthermore, the absence of legal regulation over non-compliance with the obligation to use the Indonesian language in electronic contracts in Indonesia can create legal uncertainty. This research aims to determine the legal consequences regarding the validity of electronic contracts made in a foreign language in Indonesia. The research method uses normative law research with a five-month activity plan and focuses on non-Indonesian-speaking electronic contract law-related research. This research uses primary, secondary, and non-legal material and is carried out in the library. The result of this study is that although there are no special provisions on the legal consequences of foreign-language contracts, the legal effect is cancellation, cancellation by law, or even remaining in force as long as there is no bad faith or misconduct from the parties.
Perlindungan Hukum terhadap Pemegang Saham Akibat Dilusi Saham pada Perseroan Tertutup Al Ghany, Gathan Sulthon; Purwanto, Aldira Mara Ditta Caesar
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1526

Abstract

Legal protection for shareholders is an important issue in the context of share dilution in limited liability companies. Share dilution is an event that results in a decrease in the share ownership percentage of shareholders due to the issuance of new shares, with shareholders resulting in losses. This research was conducted using a normative juridical method with a statutory approach and a conceptual approach. This research was conducted to determine the obligations of closed limited companies towards shareholders, as well as the legal efforts that can be taken to obtain compensation or avoid share dilution for shareholders in closed companies. The results of this research show that additional capital causes share dilution, there are also changes to Return On Investment (ROI), and reduced Dividends Per Share (DPS) which causes losses for shareholders. Therefore, shareholders need legal protection, preventively through the board of commissioners by making an anti-dilution agreement for the company through the right to convert the right to purchase securities first to avoid share dilution as regulated in Article 43 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies and share repressive efforts to restore rights can be done by filing a lawsuit with the court as regulated in Article 61 of Law Number 40 of 2007 concerning Limited Liability Companies.