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PENINGKATAN PENGETAHUAN HUKUM MELALUI PENYULUHAN DASAR-DASAR KONTRAK BISNIS BAGI UMKM: Basics of Drafting Business Contract for MSMEs Sharda Abrianti; Ramadhana Anindyajati Bachry
Jurnal AKAL: Abdimas dan Kearifan Lokal Vol. 4 No. 2 (2023): Jurnal AKAL : Abdimas dan Kearifan Lokal
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/akal.v4i2.13910

Micro, small and medium enterprise (MSMEs) as business owner, in running their business also cannot rule out the role of business contract when running their business. One of the aspect that deserve attention from the perspective of MSMEs, is the legal aspect of agreements and business contract drafting techniques, so that MSMEs owners become more legal literate, and they understand the importance of a business contract as a support for securing their business, in order to avoid further potential disputes with their business partners. Basics of drafting business contract for MSMEs is important because there are still many MSMEs owner who are not yet legally literate, including understanding the importance of making written agreements with their business partner. The method that being used in this activity is in the form of descriptive legal counseling, and the question asked are answered by conducting an analysis based on regulations and the principle of contract law. The counseling on the basics of drafting business contract for MSMEs delivered to Komunitas Pebisnis Pemula Jakbar can be said to be successful, considering that from the impressions and messages conveyed by the participant, most of them stated that the material presented was very important because they had never received counseling related to contract law, and they hope that it can be continued with legal counseling activities with other materials that can support MSMEs.

TENDER PROYEK PEMBANGUNAN JALAN AKSES BANDAR UDARA SIBISA, SUMATERA UTARA BERDASARKAN HUKUM PERSAINGAN USAHA Tara Damayanti; Sharda Abrianti
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In its ruling on Case Number 18/KPPUI/2018, the Business Competition Supervisory Commission (KPPU) found a violation of Article 22 of Law Number 5 of 1999 regarding Bidding for the Construction of the Access Road for Sibisa Airport in North Sumatra Province. The Medan District Court incorrectly upheld the KPPU's ruling in ruling Number 681/Pdt.Sus.KPPU/2019/PN-Mdn. The primary issue in this study is to examine how to choose the winning bid for the construction of the Sibisa airport access road in North Sumatra and whether the decision regarding bid rigging for the construction of the Sibisa North Sumatra airport access road is in compliance with Article 22 of Law Number 5 of 1999 prohibiting monopolistic practices and unfair business practices. he type of research chosen by the author is normative legal research with the nature of descriptive research using secondary data. The results of the study were analyzed qualitatively by using a deductive conclusion. The conclusion of this research is in the process of determining the winning tender for the construction project of the Sibisa airport access road, North Sumatra.

PRAKTEK DISKRIMINASI TELKOM GROUP TERHADAP NETFLIX BERDASARKAN HUKUM PERSAINGAN USAHA Alma Syafitri; Sharda Abrianti
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

A competition is necessary to motivate business actors and boost the nation's economy. It will, however, have a negative effect if it is carried out by discriminating against some business actors in comparison to all current business actors. In accordance with business competition law, this article investigates instances of discriminatory activities by TELKOM Group against the provision of Netflix internet access services. The issue is whether the criteria for discriminatory activities used by TELKOM Group against Netflix in the Decision on Case Number 08/KPPU-I/2020 can be met, and how can KPPU approach the investigation of suspected discriminatory acts from a legal standpoint. The research method makes use of secondary data, normative analysis of KPPU Decision No. 08/KPPU-I/2020, library research, and data collection methodologies. and qualitative data analysis is used, and deductive reasoning is employed in the conclusion-drawing process. The findings of the study, along with the discussion and conclusion, demonstrate that the TELKOM Group violated the terms of Article 19 letter d of Law No. 5 of 1999 by engaging in discriminatory activities in relation to the blocking of Internet access services for Netflix. KPPU employs the Rule of Reason approach while deciding matters.

TANGGUNG JAWAB WALI AMANAT DAN PERLINDUNGAN HUKUM PEMEGANG OBLIGASI BANK GLOBAL INTERNASIONAL Ota Devy Purnawati; Sharda Abrianti
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

PT Bank Global Internasional Tbk named PT Bank Niaga Tbk as Trustee in the issuance of Subordinated Bonds. The Trustee is the representative of the bondholders in and out of court. The trustee's obligations have been outlined in the Trustee Agreement, Article 51, paragraph 2, of the Capital Market Law, as well as the BAPEPAM Decree. The problem is formulated as to what PT Bank Niaga Tbk's legal obligations are in managing the subordinated bonds of PT Bank Global Internasional Tbk and how the Pension Fund of PT Krakatau Steel is legally protected as the owner of the subordinated bonds of PT Bank Global Internasional Tbk. Standardized research techniques and a literature review Qualitative research methods are generated from secondary data, as are normative research methods and literature study procedures. The findings of the study, discussion, and conclusion that PT Bank Niaga Tbk, as the Trustee, violated the Trusteeship Agreement, UUPM, and BAPEPAM Decisions in carrying out its responsibilities, leading to the non-fulfillment of the bondholders' rights and also to losses for the bondholders-in this case, PT Krakatau Steel Pension Fund-as a result of the non-fulfillment of rights and consequences of losses suffered.

TENDER PROYEK PEMBANGUNAN JALAN AKSES BANDAR UDARA SIBISA, SUMATERA UTARA BERDASARKAN HUKUM PERSAINGAN USAHA Tara Damayanti; Sharda Abrianti
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13410

In its ruling on Case Number 18/KPPUI/2018, the Business Competition Supervisory Commission (KPPU) found a violation of Article 22 of Law Number 5 of 1999 regarding Bidding for the Construction of the Access Road for Sibisa Airport in North Sumatra Province. The Medan District Court incorrectly upheld the KPPU's ruling in ruling Number 681/Pdt.Sus.KPPU/2019/PN-Mdn. The primary issue in this study is to examine how to choose the winning bid for the construction of the Sibisa airport access road in North Sumatra and whether the decision regarding bid rigging for the construction of the Sibisa North Sumatra airport access road is in compliance with Article 22 of Law Number 5 of 1999 prohibiting monopolistic practices and unfair business practices. he type of research chosen by the author is normative legal research with the nature of descriptive research using secondary data. The results of the study were analyzed qualitatively by using a deductive conclusion. The conclusion of this research is in the process of determining the winning tender for the construction project of the Sibisa airport access road, North Sumatra.

PRAKTEK DISKRIMINASI TELKOM GROUP TERHADAP NETFLIX BERDASARKAN HUKUM PERSAINGAN USAHA Alma Syafitri; Sharda Abrianti
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14116

A competition is necessary to motivate business actors and boost the nation's economy. It will, however, have a negative effect if it is carried out by discriminating against some business actors in comparison to all current business actors. In accordance with business competition law, this article investigates instances of discriminatory activities by TELKOM Group against the provision of Netflix internet access services. The issue is whether the criteria for discriminatory activities used by TELKOM Group against Netflix in the Decision on Case Number 08/KPPU-I/2020 can be met, and how can KPPU approach the investigation of suspected discriminatory acts from a legal standpoint. The research method makes use of secondary data, normative analysis of KPPU Decision No. 08/KPPU-I/2020, library research, and data collection methodologies. and qualitative data analysis is used, and deductive reasoning is employed in the conclusion-drawing process. The findings of the study, along with the discussion and conclusion, demonstrate that the TELKOM Group violated the terms of Article 19 letter d of Law No. 5 of 1999 by engaging in discriminatory activities in relation to the blocking of Internet access services for Netflix. KPPU employs the Rule of Reason approach while deciding matters.

TANGGUNG JAWAB WALI AMANAT DAN PERLINDUNGAN HUKUM PEMEGANG OBLIGASI BANK GLOBAL INTERNASIONAL Ota Devy Purnawati; Sharda Abrianti
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14120

PT Bank Global Internasional Tbk named PT Bank Niaga Tbk as Trustee in the issuance of Subordinated Bonds. The Trustee is the representative of the bondholders in and out of court. The trustee's obligations have been outlined in the Trustee Agreement, Article 51, paragraph 2, of the Capital Market Law, as well as the BAPEPAM Decree. The problem is formulated as to what PT Bank Niaga Tbk's legal obligations are in managing the subordinated bonds of PT Bank Global Internasional Tbk and how the Pension Fund of PT Krakatau Steel is legally protected as the owner of the subordinated bonds of PT Bank Global Internasional Tbk. Standardized research techniques and a literature review Qualitative research methods are generated from secondary data, as are normative research methods and literature study procedures. The findings of the study, discussion, and conclusion that PT Bank Niaga Tbk, as the Trustee, violated the Trusteeship Agreement, UUPM, and BAPEPAM Decisions in carrying out its responsibilities, leading to the non-fulfillment of the bondholders' rights and also to losses for the bondholders-in this case, PT Krakatau Steel Pension Fund-as a result of the non-fulfillment of rights and consequences of losses suffered.

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