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Journal : Visi Sosial Humaniora

TINJAUAN YURIDIS PREDATORY PRICING OLEH PELAKU USAHA RESELLER KARTU PAKET INTERNET DITINJAU DARI UNDANG-UNDANG NO. 5 TAHUN 1999 (STUDI: DI KOMPLEK MMTC JALAN PANCING MEDAN) Lesson Sihotang; Ricky Omega Yosua
Visi Sosial Humaniora Vol. 1 No. 2 (2020): Visi Sosial Humaniora: Edisi Desember 2020
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v1i2.68

Abstract

Predatory Pricing is the act of a company setting prices below the cost of production in order to eliminate competitors. The study of the law is by predatory pricing by an Internet raffle card in the MMTC complex and section 5 and 8 links to pricing arranged in 1999's statute no. 5 on monopoly and improper business competition. The aim of the study is to find out the adverse effects of the reseller of Internet package Cards and to learn about the pricing of those governed in 1999's statute no. 5 regarding monopoly and unhealthy business competition. This legal research is taken from a normative-empirical legal approach. This approach will merge data that comes from library research and data obtained in the field. Normative data will be generated in legal literature, legal books, legal journals and other materials. While empirical data will be obtained from an interview with the perpetrators of an Internet package card. This legal study will address the indelicate effects of the Internet package card business and the relationships chapters 5 and 8 on pricing under 1999 law no.5. The end of this legal study will be to learn more about the cost of the undergraduate work.
PROSES PENGEMBALIAN KERUGIAN NEGARA AKIBAT TINDAK PIDANA KORUPSI (Studi di Kejaksaan Negeri Medan) Lesson Sihotang; Elsa Marlina Simalango
Visi Sosial Humaniora Vol. 2 No. 1 (2021): Visi Sosial Humaniora: Edisi Juni 2021
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v2i1.365

Abstract

To find out the process of recovering state losses in cases of corruption, and to find out the role of the prosecutor in the process of implementing state losses in cases of corruption as well as the obstacles to the process of recovering state losses due to corruption. And using the field method (field research), namely qualitative research by conducting direct research in the field to find out the existing problems through direct interviews with parties related to this research to obtain complete and accurate data. This results of the research that have been carried out are that the role of the Prosecutor in the implementation of returning state financial losses due to corruption through two instruments, the first is a criminal instrument, the second is a civil instrument. The implementation of the return of state losses due to corruption is carried out in a way, namely the Prosecutor's Office issues an order for the implementation of the decision (P48) to carry out the court's decision. Then the Prosecutor's Office reports each execution of the warrant in the Minutes of the Implementation of the Judge's Determination (BA-15). After completion, the Prosecutor's Office will send a letter of Implementation of the Determination of the Panel of Judges to the Head of the State Detention Center.
PERANAN KPPU DALAM PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT AKIBAT PERSEKONGKOLAN (STUDI KASUS PUTUSAN NO. 14/KPPU-L/2019) Lesson Sihotang
Visi Sosial Humaniora Vol. 2 No. 2 (2021): Visi Sosial Humaniora: Edisi Desember 2021
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v2i2.473

Abstract

Within 1 (one) year, the increase in cases of tender conspiracy has increased. This shows that many business actors from these actions taken to practice are still in business, which results in unfair competition in doing business. The purpose of this research is to find out how KPPU proves the existence of a tender conspiracy related to Decision No. 14/KPPU-L/2019 and to find out the application of the law according to Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition by the judge in decision no. 14/KPPU-L/2019. Conducting this research using library research methods and data analysis used in a qualitative descriptive way is an approach to gain depth, develop theory and social complexity. The writer concludes that in carrying out the proof, KPPU uses the rule of reason and the per se illegal approach. The application of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition by judges related to decision no. 2019 uses an animation stream and a progressive stream which produce an explanation of the relevant laws and regulations, about vertical conspiracy, and about fulfilling the elements of article 22 of Law No. 5 of 1999.
Perlindungan Hukum Terhadap Pencipta dan Pemegang Hak Cipta Lagu “Lagi Syantik” (Studi Putusan No. 82/Pdt.Sus-HKI/Cipta/2019/PN Niaga Jkt.Pst) Lesson Sihotang; Roida Nababan
Visi Sosial Humaniora Vol. 3 No. 1 (2022): Visi Sosial Humaniora: Edisi Juni 2022
Publisher : LPPM Universitas HKBP Nommensen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51622/vsh.v3i1.622

Abstract

Copyright is an exclusive right owned by the Creator or Copyright Holder and arises automatically based on a declarative principle consisting of 2 rights, namely economic rights and moral rights. The formulation of the problem is what is the form of legal protection for the author and copyright holder of the song "Lagi Syantik" for changes to lyrics without permission from the copyright holder? (Study of Decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST) and what are the dispute resolution efforts that can be taken to protect copyright holders for song copyright infringement? (Study of Decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST). The results of the research is examined based on existing juridical data and facts, the decision No. 82/PDT.SUS-HKI/CIPTA/2019/PN NIAGA JKT.PST) is considered not in accordance with the provisions in Article 9 of Law no. 28 of 2014 concerning Copyright regarding the absence of permission from the Author or Copyright Holder. The Panel of Judges in their decision stated that Gen Halilintar was not guilty of all legal considerations which according to the author in this case were not in line with Law no. 28 of 2014 concerning Copyright. In this case the music label Nagaswara as the Plaintiff has also taken non-litigation routes such as mediation but failed and continued with litigation, namely by filing a lawsuit to the Commercial Court.