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NI MADE, TRISNA DEWI
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The Konsekuensi dari Ekosistem Digital terhadap Regulasi Persaingan Bisnis di Indonesia dan Peran Komisi Pengawas Persaingan Usaha (KPPU) dalam Era Ekonomi Digital: Ekosistem Digital terhadap Regulasi Persaingan Bisnis di Indonesia NI MADE, TRISNA DEWI
VYAVAHARA DUTA Vol 19 No 1 (2024): Vyavahara Duta
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vyavaharaduta.v19i1.3636

Abstract

The era of the digital economy as it is today has demanded business people to carry out their business activities online. As a result, buyers will also make purchases online. It has implications for business competition. In this case, Law (UU) No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair business Competition has not accommodated the impact of the digital economy. So with that, this research has two objectives. The objectives are; First, to know the effect of the digital ecosystem on business competition law in Indonesia. Second, to see the role of the Business Competition Supervisory Commission (KPPU) in the digital economy era in the event of unfair business competition. This research uses the type of juridical-normative research. The impact of the digital economy on business competition in Indonesia has resulted in a lot of abuse of the digital platform market. In this case, digital platforms are increasing with vertical business development. This business development increases the ability of digital platforms to collect more data, increase their competitiveness and become online shop owners and application users, so that the dominant position of digital platforms can be abused, for example, discriminating against competitors in retail, exclusivity agreements with consumers, and selling policies. With losses may result in competitors becoming uncompetitive in the market and leaving the market. Responding to these challenges, it is necessary to have a regulation that regulates in a more specific scope. This is because several countries in Europe have revised their business competition law regulations to protect business actors. In addition, as a form of responding to the challenges of the times that have changed the direction of the economy and online business. Of course, the government and business actors must work together to achieve good goals for the parties who will have an impact.
The PENCABUTAN KUASA SECARA SEPIHAK OLEH PEMBERI KUASA: PENCABUTAN KUASA NI MADE, TRISNA DEWI
VYAVAHARA DUTA Vol 20 No 2 (2025): Vyavahara Duta
Publisher : Jurusan Hukum Fakultas Dharma Duta Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vyavaharaduta.v20i2.4985

Abstract

The unilateral revocation of power of attorney by the grantor is a common practice in civil legal relationships, but it often raises legal issues when carried out without regard to the interests and legal position of the attorney. This article specifically discusses the legal basis for revocation of power of attorney based on Article 1813 of the Indonesian Civil Code (KUHPerdata), which grants the grantor the authority to revoke the power at any time, while also examining the limitations of that authority to protect the rights of the attorney. The focus of this study is directed at conditions where unilateral revocation may cause harm, create potential for breach of contract, and contradict the principle of good faith. The method used in this study is a normative-juridical approach based on statutory and doctrinal analysis. The findings indicate that although, normatively, power of attorney can be revoked freely, in practice there are both legal and moral limitations—especially when the power of attorney has been partially exercised, involves the interests of the attorney, or is revoked suddenly without valid reason. Under such conditions, revocation may give rise to liability for compensation to the attorney and be deemed contrary to the principles of justice and good faith. This article recommends the need for updating the norms of the Civil Code to provide procedural clarity concerning the revocation of power of attorney, including notification requirements, regulation of reasonable time limits, and compensation for resulting losses. It is expected that such reforms would create legal certainty and balanced protection for both the grantor and the attorney in the practice of power of attorney agreements.