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Alleged Violation of Article 29 of Law Number 5 of 1999 Jo. Article 5 Government Regulation Number 57 of 2010 Regarding Late Notification of Takeover (Acquisition) of Asian Trails Holding Ltd. Shares. By Travel Circle International (Mauritius) Ltd. Decision: 22/Kppu-M/2020 Mira Gunati; Tri Agus Haryono; Mijan; Yogi Angistya Tamara; Edi Santoso
Formosa Journal of Sustainable Research Vol. 3 No. 5 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i5.9112

Abstract

Delay in notification of takeover of shares of Asian Trails Holding Ltd. (ATHL) by Travel Circle International (Mauritius) Ltd. (TCI) to the Business Competition Supervisory Commission (KPPU) triggering fines and raising concerns about business competition practices and fairness in the Asian tourism market. This article analyzes the factors that cause notification delays, their implications for the market, and the steps needed to prevent the recurrence of similar cases. The analysis results show that delays are caused by a combination of factors, including misunderstanding of regulations, transaction complexity, lack of internal understanding, and less than optimal communication with KPPU. This delay has the potential to trigger regulatory violations, competitive disruption, uncertainty and injustice, which can have a negative impact on consumers, business actors and the economy as a whole. Therefore, joint efforts are needed from relevant authorities, business actors and civil society to strengthen business competition law enforcement, increase regulatory awareness and build a transparent, accountable and fair tourism market ecosystem
Inter-State Cooperation in Enforcement of International Criminal Law against Financial Crimes in the Banking Sector Aep Hendar Cahyad; Edi Santoso
Formosa Journal of Sustainable Research Vol. 3 No. 6 (2024): June 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i6.10019

Abstract

This research investigates cooperation between countries in enforcing international criminal law against financial crimes in the banking sector. Through a qualitative approach, this research analyzes the mechanisms for identifying, implementing and evaluating cooperation between countries and the factors that influence its effectiveness. The findings highlight the important role of legal harmonization, effective communication, and increasing the capacity of law enforcement agencies in enhancing international cooperation in addressing financial crime in the banking sector. Proposed suggestions include the establishment of stronger agreements, cross-border training, and increased transparency in cooperation processes
Alleged Violation of Article 22 of Law Number 5 of 1999 Concerning the Prohibition of Monopolistic Practices and/or Unfair Business Competition (Law Number 5 of 1999) Regarding the Procurement of Rehabilitation and Renovation Packages for School Facilities and Infrastructure in Indragiri Hilir Regency 1 and 2 APBN for the 2019 Fiscal Year. Decision: 36/KPPU-I/2020 Hodijatussolihah; Haikal Mubarak; Ahmad Fatoni; Thariq Muslim; Munib; Edi Santoso
Formosa Journal of Sustainable Research Vol. 3 No. 7 (2024): July 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i7.10896

Abstract

This study investigates a case of violation of Article 22 of Law Number 5 of 1999 related to the procurement of rehabilitation and renovation packages for school facilities and infrastructure in Indragiri Hilir Regency. Using a qualitative approach, this study analyzes the motives and factors that led to the conspiracy between PT Adhikarya Teknik Perkasa (Reported Party I), PT Kalber Reksa Abadi (Reported Party II), and the 14.1 Selection Working Group (Pokja) (Reported Party III) in the tender process. The results of the study reveal that economic factors, lack of supervision, and low penalties for violations are the main drivers of the conspiracy. In addition, the involvement of Reported Party III in designing and organizing the tender results shows weaknesses in the supervision and law enforcement system. This study provides important insights for efforts to prevent and overcome violations in government procurement of goods/services in the future
Alleged Violation of Article 17 of Law Number 5 of 1999 Regarding Transportation Management Services for Shipping (Export) of Clear Lobster Seeds, Decision Number 04/KPPU-I/2021 Decision Date 09 June 2022 Dhea Alfie; Diki Permana; Edi Santoso
Formosa Journal of Sustainable Research Vol. 3 No. 8 (2024): August 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjsr.v3i8.10907

Abstract

This study examines the alleged violation of Article 17 of Law Number 5 of 1999 related to the transportation management services for the delivery (export) of clear lobster seeds, based on the Decision of the Business Competition Supervisory Commission (KPPU) Number 04/KPPU-I/2021 dated June 9, 2022. In this case, there are strong indications that several business actors have carried out unhealthy market control practices, which have a negative impact on business competition in the transportation management sector for clear lobster seeds in Indonesia. This study analyzes the impact of the alleged violations on business actors, service quality, innovation, and the development of the national fisheries sector. The conclusions drawn emphasize the importance of law enforcement and regulatory reform to maintain healthy competition in this sector. Recommendations provided include stricter law enforcement, regulatory reform, increased innovation, and protection for small business actors and fishermen affected