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Richard C. Adam
Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Analisis Penegakan Hukum dengan Penggunaan Alat Bukti dalam Pemeriksaan Perkara Minyak Goreng No. 15/Kppu-I/2022 Meylani Anggraini; Richard C. Adam
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1110

Abstract

This research discusses the use of evidence, including circumstantial evidence, in the process of examining the Cooking Oil case No. 15/KPPU-I/2022 by the Business Competition Supervisory Commission (KPPU). This case involves alleged cartel practices in the cooking oil industry in Indonesia. This research aims to analyze the extent to which indirect evidence contributes to proving cartel practices in this case and how this evidence is used in law enforcement. The research method used is an in-depth case study, by collecting and analyzing data from various relevant sources. The research results show that indirect evidence plays an important role in building cases of cartel practices and contributes significantly to the enforcement of business competition law. The KPPU's decision in this case was supported by strong evidence, and the use of circumstantial evidence has helped uncover violations of business competition law. This decision has a direct impact on business competition practices in the cooking oil industry and encourages compliance with business competition laws in the future
Status Hukum Rumah Berdasarkan Perjanjian Pengikatan Jual Beli Ketika Developer Pailit Felicia Vanesa Japri; Richard C. Adam
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1350

Abstract

The demand for housing creates business opportunities for private individuals to venture into the residential property sector. Housing development companies, also referred to as developers, can face bankruptcy. When declared bankrupt, the developer often maintains a legal relationship with the homebuyer, based on the Sale and Purchase Agreement. This research aims to determine the legal status of a house in situations where the developer goes bankrupt, in accordance with Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. This study employs a qualitative research method with a normative approach, focusing on statutory aspects. The research findings indicate that, as per the Bankruptcy Law, the Sale and Purchase Agreement between the developer and the homebuyer is voided. This occurs because ownership rights to both the land and house remain with the developer, making them assets subject to bankruptcy proceedings. Consequently, the homebuyer may apply as a creditor simultaneously, seeking compensation.
Upaya Pentingnya Keabsahan Suatu Kontrak Elektronik yang Dilakukan Anak Dibawah Umur dalam Aplikasi Perdagangan Elektronik Metta Valoka; Richard C. Adam
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1391

Abstract

To make an electronic contract, a condition is needed to fulfill the contract to be agreed upon and one of the subjective requirements is the ability of the parties in accordance with what is regulated in Article 1320 of the Civil Code. In this writing, it discusses minors who shop online which certainly does not meet the requirements for the validity of a contract. The problems that will be discussed in this journal, What are the consequences if the validity of electronic contracts carried out by minors conducting buying and selling transactions in electronic commerce applications and efforts to organize electronic systems to prevent violations of subjective requirements regarding the incompetence of minors who make electronic contracts in electronic commerce applications or E-commerce. The purpose of writing this journal is to understand more about the efforts and what to prevent so that minors do not shop online in the future. The type of research method that will be carried out is normative juridical. It can be concluded that before being carried out the consequences of electronic contracts carried out by minors can be canceled and bring other consequences and there are efforts that can be made to prevent minors from buying and selling transactions.
Co-Authors Felicia Vanesa Japri Metta Valoka Meylani Anggraini