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All Journal Rechtsidee POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Dewi, Elreddian Kusuma
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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CHARACTERISTICS OF INDIRECT EVIDENCE TOWARDS PRICE FIXING AGREEMENTS IN THE PERSPECTIVE OF COMPETITION LAW Dewi, Elreddian Kusuma; Chumaida, Zahry Vandawati; Wulandari, Sinar Aju
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.975

Abstract

In the ever-changing landscape of Indonesian business, the pursuit of profits drives actors to engage in intense competition, all regulated by the Business Competition Law. This unique legal field combines both conventional law and economics to address unfair business practices, such as agreements that manipulate prices to deceive consumers. This research focuses on the characteristics of indirect evidence utilized by the Business Competition Supervisory Commission (KPPU) when investigating cases of price-fixing. The goal is to gain a deeper understanding of the legal implications of using indirect evidence within the procedural framework of Business Competition Law in Indonesia. To achieve this, a Normative Research method is employed, utilizing a multi-faceted approach. Through case analysis, statutory examination, conceptual exploration, and comparative study, the research explores patterns, legal frameworks, theoretical concepts, and perspectives from different jurisdictions, all related to the use of indirect evidence in the context of price fixing. The results revealed that Indirect evidence, classified as clue evidence under Perkom No. 1 Of 2019, encompasses communication and economic evidence. When direct evidence is lacking, these components, including documents or electronic information, play a crucial role in proving allegations of price-fixing. The legal implications of indirect evidence in the Indonesian competition law evidentiary system highlight its widespread use in resolving cases. However, there is a legal gap that poses challenges to the admissibility of indirect evidence in court proceedings. This emphasizes the need for legal reforms to effectively accommodate the role of indirect evidence.
Crypto Asset as a Transaction Tool in the Perspective of Economic Analysis of Law: Legal Consequences and Ius Constituendum: Aset Kripto sebagai Alat Transaksi dalam Perspektif Analisis Hukum Ekonomi: Konsekuensi Hukum dan Ius Constituendum Ningsih, Dita Damayanti Sasmito; Achmad, Dimas Hikari; Dewi, Elreddian Kusuma; Purnami, Yessy Arinta Puji
Rechtsidee Vol. 10 No. 1 (2022): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v10i0.787

Abstract

This normative legal research examines the economic and legal aspects of using crypto assets as a means of business transactions in Indonesia. The study uses a concept and legislation approach to analyze the legal consequences of crypto assets as transaction tools in digital business transactions. The research finds that crypto assets can be traded as goods in accordance with existing regulations, but cannot be used as legal tender in digital business transactions. Any digital transaction that uses only crypto assets as currency is null and void, and subject to criminal sanctions. To regulate the use of crypto assets as transaction tools, the study suggests breaking down the substance of Bappebti Regulation into two characters, regeling and beshikking. The implication of this research is that further studies and proposals are needed from Bappebti to determine whether crypto assets can be used as currency in the future, and to ensure that future regulation aligns with the principles of Economic Analysis of Law. Highlights: Crypto assets can be traded as goods in accordance with regulations. Crypto assets cannot be used as legal tender in digital business transactions. Regulation of crypto assets as a transaction tool needs to be further developed and clarified.
Co-Authors Achmad, Dimas Hikari Ningsih, Dita Damayanti Sasmito Purnami, Yessy Arinta Puji Wulandari, Sinar Aju Zahry Vandawati Chumaida