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All Journal International Journal of Law and Public Policy (IJLAPP) Indonesian Journal of Multidisciplinary Science Jurnal AKAL: Abdimas dan Kearifan Lokal Hukum Pidana dan Pembangunan Hukum Reformasi Hukum Trisakti Jurnal Penelitian Pendidikan Indonesia Amicus Curiae Jurnal Legislasi Indonesia
Kerti, Renti Maharaini
Fakultas Hukum Universitas Trisakti
Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Transportation Other

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ANALISIS YURIDIS PERSEKONGKOLAN TENDER (STUDI PUTUSAN KPPU NOMOR 30/KPPU-I/2019) Tsaliza Soraya Majid; N.G.N Renti Maharaini
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18379

Abstract

This journal examines the extent to which the sanctions imposed by the KPPU in its Decision No. 30/KPPU-I/2019 are in line with Law No. 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition, as well as the Regulation of the Goods/Services Procurement Policy Institution No. 12 of 2021 amending Presidential Regulation No. 16 of 2018 on Government Goods and Services Procurement. It also explores whether businesses are allowed to use another company's identity in the tender process. Based on research conducted using the Competition Law, Article 22 Guidelines, and relevant regulations, collusion is identified both horizontally and vertically, so in this case PT Hapsari Nusantara Gemilang and PT Ikhlas Bangunan Sarana should be placed on a blacklist, and PT Cipta Aksara Perkasa should face administrative fines. Additionally, PT Alfa Adiel should receive sanctions for using another company's identity in the tender process, which undermines fair competition. It is recommended that businesses uphold good faith by adhering to existing regulations during the tender process
- PERLINDUNGAN KONSUMEN ATAS PENIMBUNAN OBAT PADA MASA PANDEMI: - Yustio Rony Saputro; N.G.N Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18691

Abstract

Shortage of goods during the pandemic such as basic necessities, masks, hand sanitizers, vitamins, and medicines has resulted in significant price increases. This has become an opportunity for unscrupulous business actors to seek profit, as done by PT. ASA who hoarded medicines. The main problem in this research is role of the government in relation to the hoarding of Azithromycin by PT. Atlas Sukses Abadi and the accountability of PT. Atlas Sukses Abadi Indonesia as a business actor for the act of hoarding Azithromycin. This research was conducted using normative juridical approach, descriptive-analytical in nature, using qualitative analysis of secondary data, and drawing conclusions through deductive method. It can be concluded that the Government, in dealing with the hoarding of Azithromycin, has carried out its duties in accordance with the regulations. PT. Atlas Sukses Abadi is responsible for the act of hoarding the medicine, as business actors have criminal liability according to the Consumer Protection Law, namely Article 62 in conjunction with Article 61 and Article 10 of Law No. 8 of 1999 on Consumer Protection, Article 14 in conjunction with Article 5 section (1) of Law No. 4 of 1984 on Infectious Disease Outbreaks, and Article 107 in conjunction with Article 29 section (1) of Law No. 7 of 2014.
Core-Plasma Pattern Partnership Agreement with Micro-Small Business based on the Perspective of Competition Law Tri Anggraini, Anna Maria; Kerti, Renti Maharaini; Sabirin, Ahmad
International Journal of Law and Public Policy (IJLAPP) Vol 5 No 1: March 2023
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0501.476

Abstract

Partnership agreements that aim to mutually benefit both parties, especially empowering micro and small businesses, often have unfavorable consequences for parties whose bargaining position is weak, so that the business competition authority is also given supervisory authority over the implementation of the agreement. The imbalance in bargaining position in this agreement is the reason for writing to raise the issue of understanding owning and/or controlling micro and small businesses according to the applicable regulations and how it is implemented in the nucleus plasma partnership scheme for the oil palm plantation sector. This normative research includes prescriptive research using secondary data which is analyzed qualitatively and concluded using deductive methods. The results of this study indicate that the notion of having is defined as ownership of equity or capital, while the term control focuses more on managerial control which ultimately has an impact on asset control. The partnership agreement contains several clauses that have the potential to own and/or control micro-small businesses according to Law 20/2008 jo. Law 11/2020, besides that, it also has the potential to violate the provisions or principles of unfair business competition. However, this potential violation is difficult for competition authorities to reach due to the absence of technical regulations that explain the meaning of owning and/or controlling micro and small businesses. Therefore, KPPU needs to prepare further regulations in the form of guidelines that explain the limitations.
MENINGKATKAN PEMAHAMAN TENTANG ASPEK HUKUM PERKAWINAN CAMPURAN BEDA KEWARGANEGARAAN: BERDASARKAN HUKUM INDONESIA DAN JEPANG Abrianti, Sharda; Sugiastuti, Yunita; Saleh, Rosdiana; Supartono, Sugeng; Kerti, Renti Maharaini
Jurnal AKAL: Abdimas dan Kearifan Lokal Vol. 5 No. 2 (2024): Jurnal AKAL : Abdimas dan Kearifan Lokal
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/akal.v5i2.19824

Abstract

Mixed marriages between spouses of different nationalities present a number of legal issues. As mixed marriages involve two different legal systems, it is important to understand which system applies. This understanding is important for the diaspora of Indonesians in Japan, given that the number of Indonesian citizens in Japan continues to increase, according to data from the Japanese Ministry of Home Affairs and Communications. This situation increases the potential for mixed marriages between Indonesian and Japanese citizens. This community service activity aims to provide legal insight on how to determine the applicable law and the conditions for mixed marriages. The method employed in this legal counselling is descriptive. Answers to questions asked are based on legislation and principles of private international law. Legal counselling on the legal aspects of mixed marriages for the Indonesian diaspora community in Japan can be said to be effective and appropriate. The participants indicated that there had been no previous legal counselling on the subject of mixed marriages, particularly in the context of comparing Indonesian and Japanese laws. They expressed hope that further legal counselling activities could be conducted via Zoom facilities on other legal issues.
GAME HAGO BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN: Juridical Analysis of Hago Game Advertisements Based on Consumer Protection Law Number 8 of 1999 Faqih Adhyaksa Kusuma; Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.20806

Abstract

Principally, advertisements must comply with laws and regulations in the field of advertising and consumer protection, but there are still many advertisements that violate, for example, Hago advertisements that have violated regulations in the field of advertising because they harass the dignity of teachers and display teachers who are discriminatory against students who use Hago Game, so this study will analyze violations of Hago Game advertisements based on consumer protection. The problem raised is regarding whether Hago advertisements have met the criteria for good advertising in the perspective of consumer protection and analyzing who can be held liable if Hago advertisements are re not good advertisements. This research uses normative type research methods. The result is, Hago's advertisement does not meet the criteria for good advertising because it violates Article 17 section (1) letter f UUPK because it violates the regulations in the advertising sector, namely Article 58 section (4) letter h SPS and Article 16 section (2) letters a and b SPS. The conclusion is ones responsible should be the companies that make advertisements and broadcasting institutions based on professional responsibility
Corporate takeovers and their implications for employees and the business world N. G. N. Renti Maharaini Kerti; Andari Yurikosari
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 1 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i1.1001

Abstract

This paper describes the legal framework surrounding expropriation in Indonesia and the implications this has for key stakeholders, including workers, the business world, and consumers. The research method used in this paper is normative legal research, relying on secondary data from literature and legal sources. The collected data is analyzed qualitatively, and conclusions are drawn through deductive reasoning. The study provides insights into how current regulations impact employment, business operations, and consumer rights. This research adds value by providing a legal analysis that can inform policymakers, legal professionals, and businesses on how to navigate the complexities within Indonesia's legal system.
PEMBERHENTIAN DIREKSI SECARA MELAWAN HUKUM BERDASARKAN UU NO.40 TAHUN 2007 TENTANG PERSEROAN TERBATAS: Unlawful Dismissal Of Directors Based On Law No.40 Of 2007 Concerning Limited Liability Companies Apriyanto, Zaeriko Rizky; Kerti, N.G.N Renti Maharaini
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/51y7q037

Abstract

The board of directors is a key component of a company responsible for overseeing its operations andrepresenting it both in and out of court. The board can be removed at any time through a GeneralMeeting of Shareholders (RUPS) resolution, citing specific reasons for their removal. This study delvesinto the validity of PT. Multi Daya Wonua's RUPS regarding director dismissal. It also examineswhether the decisions in Case Number 16/pdt.G/2019/PN Kka, 82/PDT/2019/PT KDI, and 1888K/pdt/2020 on director dismissal at PT. Multi Daya Wonua align with the guidelines set out in LawNumber 40 of 2007 concerning Limited Liability Companies. The research follows a normative legalapproach, utilizing descriptive-analytical methods to review existing materials and offer insights throughcollected data. The study primarily employs qualitative analysis of secondary data. Findings highlight that removing directors without specifying reasons through RUPS and without allowing a defensecontradicts Article
Penerapan Prinsip Utmost Good Faith Terhadap Sengketa Klaim Manfaat dalam Asuransi Jiwa (Studi Putusan Nomor 297/Pdt.G/2021/PN Jkt.Sel): Application of Utmost Good Faith Principle to Life Insurance’s Beneficial Claim Disputes (Study of Decision Number 297/Pdt.G/2021/PN Jkt.Sel) Andini Savira Melati; N.G.N. Renti Maharaini Kerti
Reformasi Hukum Trisakti Vol 6 No 4 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i4.21368

Abstract

Every activity carried out by humans always has risks, along with the development of technology and science, insurance has emerged which functions as a risk transfer. Insurance has terms and conditions that must be fulfilled, one of which is the principle of complete good faith which is an important aspect in administering insurance. This research to analyze the application of the principale utmost good faith in Decision Number 297/Pdt.G/2021/PNJkt.Sel and the resolution of insurance benefit claim disputes if the principle of utmost good faith not applied. The research was conducted using descriptive normative legal methods. Research results and discussion as well as conclusions Decision Number 297/Pdt.G/2021/PNJkt.Sel, the principle of utmost good faith has not been fully implemented by the insured or the insurer. The Insured doesn’t provide accurate information regarding his health condition and the Insurer doesn’t double check to ensure that the information written by the Insured is correct and accurate. Settlement of insurance benefit claim disputes if the principle of utmost good faith is not applied can be done through dispute resolution inside or outside court. In Decision Number 297/Pdt.G/2021/PNJkt.Sel, the insured chose to resolve the dispute by directly filing a lawsuit at the District Court.
Personal data security as a form of legal certainty for the fulfillment of consumer rights for online loans Kerti, N.G.N. Renti Maharaini
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol 10, No 3 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020244825

Abstract

Online lending services in Indonesia have grown rapidly in recent years, but this has also brought great challenges regarding the protection of consumers' personal data. Personal data security has become a very important issue, given the many cases of data breaches that can harm consumers. This study aims to analyse the role of personal data security in the fulfilment of consumer rights in online lending services, as well as to evaluate the existing legal certainty related to consumer personal data protection. The method used in this research is empirical juridical, with an analytical approach to relevant legal regulations and case studies regarding data breaches in online lending services. The results show that although there are regulations governing personal data protection, implementation is still weak and faces challenges such as a lack of consumer digital literacy and supervision of illegal service providers. The conclusion of this study is that legal certainty is needed to protect consumer rights, and that stricter regulations and better supervision of online loan service providers are essential. The implications of this research are the need for strengthened regulation, increased supervision by the Financial Services Authority (OJK) and other relevant institutions, and education to consumers on their rights regarding personal data.
IMPLEMENTASI UU NO.20 TAHUN 2011 TENTANG RUMAH SUSUN DALAM PERSPEKTIF HUKUM PERLINDUNGAN KONSUMEN Kerti, Renti Maharaini
Jurnal Legislasi Indonesia Vol 15, No 2 (2018): Jurnal Legislasi Indonesia - Juni 2018
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v15i2.178

Abstract

Idealnya, posisi konsumen dan pelaku usaha adalah sama “simbiosis mutualisme”, namun kenyataannya tidak pernah tercapai. Konsumen selalu berada dalam posisi lemah bila berhadapan dengan pelaku usaha.Indonesia telah memiliki regulasi mengenai perlindungan konsumen dan rumah susun, namun kenyataannya masih belum memberikan rasa keadilan bagi konsumen, termasuk konsumen properti, hunian vertikal (rumah susun).Kasus-kasus atau pengaduan-pengaduan konsumen rumah susun seakan tidak pernah ada selesainya. Isu permasalahan yang dibahas dalam tulisan ini adalah mengapa implementasi UU No.20 Tahun 2011 tentang rumah Susun (UURS) belum memberikan rasa keadilan bagi konsumen?, dan bagaimana rekonstruksi pengaturan perlindungan konsumen hunian vertikal (rumah susun) idealnya?
Co-Authors Abrianti, Sharda Andari Yurikosari, Andari Andini Savira Melati Anna Maria Tri Anggraini Apriyanto, Zaeriko Rizky Aqilah Nurshafira Anwar Dzakiannisa Roskiyasa Faqih Adhyaksa Kusuma Haya Alyssa Desti Ramadhani Juni Desiani Rebecca Octania Br. Sitompul Rosdiana Saleh, Rosdiana Rosy Aisyah Sabirin, Ahmad Samuel Christian Sugiastuti, Yunita Supartono, Sugeng Suryanto Gunawan Tsaliza Soraya Majid Werner Wada Betu Yustio Rony Saputro