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Journal : Ranah Research : Journal of Multidisciplinary Research and Development

Perlindungan Hukum Bagi Pihak Yang Dirugikan Akibat Terjadinya Persekongkolan Tender Iqbal, Muhammad; Syam, Misnar; Yasniwati, Yasniwati
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 3 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i3.1446

Abstract

Opportunities for government infrastructure development require procurement of goods and services, the regulation of procurement of goods and services is regulated in Presidential Regulation (Perpres) Number 12 of 2021 concerning Government Procurement of Goods and Services. In this opportunity for procurement of goods and services, the government has an opportunity for a tender process, in tender procurement sometimes a tender conspiracy arises. This tender conspiracy is regulated in Article 22 of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. In Case Number 08/KPPU-L/2023 and Case Number 17/KPPU-L/2022, there has been a tender conspiracy that has harmed job owners, business actors and the community. Problem Formulation (1) What is the legal protection for parties who are harmed due to tender conspiracy in the procurement of goods and services? (2) What are the indications of tender conspiracy in the hearing of the Business Competition Supervisory Commission? The research method used is Normative Jurisprudential, the type of data used is secondary data, to obtain secondary data, primary legal material data sources and secondary legal materials are used, data collection techniques are literature studies and interviews, qualitative analysis data analysis techniques. The results of the study (1) the form of protection provided to the injured parties in Case Number 08/KPPU-L/2023 and Case Number 17/KPPU-L/2022, namely providing protection by imposing large fines and hoping to provide a deterrent effect on business actors (Reported). (2) The indications contained in Case Number 08/KPPU-L/2023 and Case Number 17/KPPU-L/2022 are that there are indications that several participants are involved in one control, which can be seen from the similarity of the technical documents they submit. In addition, there is suspicion of collusion during the implementation and evaluation process, including, the tender winner who subcontracts the work to another company or the losing tender participant. At the evaluation and determination stage of the tender winner, there were also indications that the committee tended to give privileges to certain participants. Furthermore, when submitting objections, the committee did not seem to respond to complaints from tender participants, which further strengthened the suspicion of collusion.
Penyelesaian Tindak Pidana Melalui Mediasi Penal pada Tingkat Penuntutan berdasarkan Peraturan Kejaksaan Nomor 15 Tahun 2020 Tentang Penghentian Penuntutan Berdasarkan Keadilan Restoratif (Studi Pada Kejaksaan Negeri Sijunjung) Ghifari, Teguh; Zurnetti, Aria; Yasniwati, Yasniwati
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 6 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i6.1896

Abstract

The development of criminal law has encouraged the implementation of penal mediation as an alternative for resolving criminal cases. This study aims to analyze: (1) the resolution of criminal acts through penal mediation based on the Attorney General Regulation Number 15 of 2020 at the prosecution level in Sijunjung District Attorney’s Office; (2) the considerations for appointing a Facilitator Prosecutor within the Restorative Justice framework; and (3) the obstacles in implementing penal mediation. This research employs an empirical legal (sociological) approach with a descriptive method. The findings indicate that the Public Prosecutor acts as a third party facilitating deliberations between the victim and the offender until an agreement is reached; the appointment of a Facilitator Prosecutor considers integrity, competence, communication skills, experience, and caseload; and the main obstacles include negative public perceptions of case termination, limited public understanding of restorative justice, and a short duration for peace-making processes. The study highlights the crucial role of Prosecutors in supporting criminal case resolution through penal mediation.
Perjanjian Pagang Gadai Tanah di Nagari Gunung Padang Alai Kecamatan V Koto Timur Kabupaten Padang Pariaman Firdaus, Ahmad; Nurdin, Zefrizal; Yasniwati, Yasniwati
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 8 No. 1 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v8i1.1916

Abstract

The pawn agreement for high-ranking land in West Sumatra is commonly known as pawn, which was originally a form of mutual assistance in society but has since transformed into an economic and/or capitalist transaction. Based on this, the author formulates the following problems: 1. The Process of Forming a Pawn Agreement in Nagari Gunung Padang Alai, V Koto Timur District, Padang Pariaman Regency. 2. What are the causes of disputes and how are land pawn agreements resolved? This research method is empirical juridical research, meaning research conducted on the real conditions of society or the community environment with the intent and purpose of finding facts, which then leads to identifying problems and ultimately leading to solving related problems and connecting them with the reality of the land pawn agreement in Nagari Gunung Padang Alai, Padang Pariaman Regency. The results of this study indicate that 1. Pagang gadai pusako tinggi carried out by the pawnbroker and the pawnbroker for the object to be pawned must be through an agreement between the two parties and witnessed by several people who are considered to maintain the sanctity of the agreement, one of which is pawnbroking as raising the tarandam stem, such as the lack of funds to continue the education of children of clan members, resulting in pawnbroking of the clan's pusako land. 2. The causes of disputes and disagreements are resolved according to customary law regulations or resolved in the District Court. Customary law regulations are also referred to as Customary Civil Procedure Law or customary formal civil law. In deliberation and consensus, they will always adhere to the elements that exist and develop within the community environment. These elements are better known as Tali sapilin tigo, which includes elements of religion, custom, and law.