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Stanislaus Atalim
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ANALISIS MENGENAI KEKUATAN HUKUM RISALAH RAPAT TERKAIT DENGAN PERJANJIAN OTENTIK DAN GUGATAN WANPRESTASI Juan Antonius Piekarsa; Stanislaus Atalim
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6658

Abstract

An agreement is an event where a person promises to another person or where two people promise to do something. In an agreement, there are several legal aspects that become a condition for the agreement to be valid before the law. if one party does not implement one of the aspects of the agreement then that is known as a default. Breach of contract in a limited liability company that makes a contract with another limited liability company still has the possibility to be resolved in a minutes of meeting as in the event between PT Somit Trikonad and PT Timah Tbk. in this case we can see the force in effect of the minutes of the meeting in the agreement made by a limited liability company. Apart from the minutes of the meeting, it can also be seen that the valid force of the authentic deed in an agreement and the impact of the negligence of one party to the contract made.
KEPASTIAN HUKUM PENERAPAN INDIRECT EVIDENCE DALAM PENANGANAN KASUS KARTEL DI INDONESIA Muhammad Akbar; Stanislaus Atalim
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12003

Abstract

Business competition regulations are regulated in law number 5 of 1999. Cartel is one of the prohibited agreements contained in article 11 of law number 5 of 1999. To prove violations of business competition in cartel cases, the Business Competition Supervisory Commission ( KPPU) requires indirect evidence to prove the existence of a cartel agreement between business actors. There are two types of indirect evidence, including communication evidence and economic evidence. Proof using indirect evidence in law enforcement of law number 5 of 1999 is very necessary given that it is very difficult to prove cartel practices. This is because business actors do it secretly and secretly. However, the existence of indirect evidence is still being debated and is considered to have no legal certainty because indirect evidence is not explicitly stated in Law number 5 of 1999 but the existence of indirect evidence is widely recognized in the enforcement of competition law in various countries.