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Analisa Kasus APF Holding I, L.P. dalam Putusan No.19/KPPU-M/2023 Kumalasari, Dewi Ratih; Ardhana, Annisa Sofia`
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 1 No. 4 (2023): Desember
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v1i4.899

Era globalisasi menyebabkan banyak negara menganut pasar bebas dimana perdagangan dan investasi dilakukan lintas batas negara. Sejalan dengan hal tersebut, resiko yang dihadapi yaitu hilangnya batas antar negara yang membuat penerapan aturan hukum negara masing masing mempunyai potensi saling tumpang tindih dan bahkan apabila terdapat putusan tidak dapat di eksekusi. Penelitian ini berusaha untuk menguji bagaimana KPPU dapat melaksanakan kewenangannya atas Putusan KPPU No. 09/KPPU-M/2023 dengan badan hukum asing. Penelitian ini menggunakan metode normatif dan pendekatan perundang-undangan, pendekatan konseptual, dan pendekatan kasus. Diketahui bahwa selain adanya prinsip ekstrateritorial juga terdapat single ecm in entity yang juga ikut andil dalam penyelesaian sengketa Persaingan Usaha Tidak Sehat yang melibatkan badan hukum asing. Penelitian ini menemukan bahwa eksekusi atas Putusan KPPU No 09. KPPUU-M 20? 3berpotensi tidak dapat dilaksanakan karena tidak ada hukum yang kuat untuk niendukung pelaksanaan putusan tersebut.

JURIDICAL ANALYSIS OF APPEAL COURT DECISION NUMBER: 330/PDT/2023/PT BDG ON INDEMNIFICATION Hidayat, Ahmad; Hartantien, Sinarianda Kurnia; Kumalasari, Dewi Ratih; Deviyanti, Charina Ayu
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i3.650

Globalization and the development of information technology, especially the internet, have changed many aspects of human life, which includes the way people connect with each other. Easy access to new information and social media usage, such as Facebook, create new legal challenges, especially when it comes to defamation. In Indonesia, the ITE Law regulates online behavior related to defamation, and Articles 1365 and 1372 of the Civil Code allow victims to claim damages, both physical and psychological, for losses suffered. This research aims to understand that defamation can be categorized as a violation of the law and punitive damages can be claimed. This normative juridical research uses primary legal materials, such as the Civil Code, Criminal Code, and Electronic Information Technology Law, as with secondary legal materials such as literature and journals. Articles 1365-1380 of the Civil Code regulate unlawful acts that can damage a person’s reputation. For instance, the case of Iin Yuhinda v. Septiano Broery Hidayat shows that defamation is a tort if it fulfills the elements in Article 1365 of the Civil Code. In addition, Articles 1243-1252 of the Civil Code also regulate compensation in violation of law cases. The results of this research indicated that a person who is damaged by defamation has the right to file a claim for compensation because it violates the law. Article 1365 of the Civil Code states that any act that harms another person must be compensated, while Articles 1372-1380 regulate the manner of claiming compensation for defamation.

Legal Framework and Law Enforcement of Illegal Fishing in Indonesia: A Normative Juridical Approach to the Protection of Maritime Sovereignty Rahmawati, Diah Ayu; Hartantien, Sinarianda Kurnia; Kumalasari, Dewi Ratih; Haryono, Haryono; Endarto, Budi
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1652

The paper will attempt to discuss illegal fishing in Indonesia from a legal framework and law enforcement perspective and its implications for the protection of maritime sovereignty. Based on this, the research will apply a normative juridical approach, studying in detail the laws, regulations, and practices of enforcement and the various challenges and opportunities arising out of them. Indnesia legal framework through the Fisheries Law no 45 of 2009 and the Presidential Decree no. 115 of 2015 set a good backbone regarding IUU fishing activities; still, poor enforcement is highly seen due to shortcomings in limited resources, corruption, fragmented jurisdiction, and less international cooperation. The paper analyses these discrepancies and assesses Indonesia's current legislation and the efforts carried out on tackling IUU in comparison to relevant international practices. It also gives some recommendations on how to strengthen the legal definition, mechanisms of enforcement, increasing resource allocations, and improvement in international cooperation. The result shows that integrated efforts with more transparency and accountability are needed in order to properly protect Indonesia's maritime sovereignty effectively.

Legal Framework and Law Enforcement of Illegal Fishing in Indonesia: A Normative Juridical Approach to the Protection of Maritime Sovereignty Rahmawati, Diah Ayu; Hartantien, Sinarianda Kurnia; Kumalasari, Dewi Ratih; Haryono, Haryono; Endarto, Budi
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1652

The paper will attempt to discuss illegal fishing in Indonesia from a legal framework and law enforcement perspective and its implications for the protection of maritime sovereignty. Based on this, the research will apply a normative juridical approach, studying in detail the laws, regulations, and practices of enforcement and the various challenges and opportunities arising out of them. Indnesia legal framework through the Fisheries Law no 45 of 2009 and the Presidential Decree no. 115 of 2015 set a good backbone regarding IUU fishing activities; still, poor enforcement is highly seen due to shortcomings in limited resources, corruption, fragmented jurisdiction, and less international cooperation. The paper analyses these discrepancies and assesses Indonesia's current legislation and the efforts carried out on tackling IUU in comparison to relevant international practices. It also gives some recommendations on how to strengthen the legal definition, mechanisms of enforcement, increasing resource allocations, and improvement in international cooperation. The result shows that integrated efforts with more transparency and accountability are needed in order to properly protect Indonesia's maritime sovereignty effectively.

The The Intersection of the Actor Sequitur Forum Rei Principle with the Pacta Sunt Servanda Principle in Determining Relative Competence Haryadi, Wahyu Tris; Kumalasari, Dewi Ratih; Munawaroh, Siti; M.Tilman, Alarico
Al-Bayyinah Vol. 9 No. 2 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i2.10369

This study focuses on the conflict between the principle of pacta sunt servanda (agreement on the choice of court in a contract)and the principle of actor sequitur forum rei (lawsuit filed at the place of residence of the defendant) in determining the relative competence of the court. The purpose of this study is to analyze the construction of the meaning of the agreement, the application of these two principles, and their impact on justice for the disputing parties. The research method employs a normative juridical approach, utilizing a statutory approach, a conceptual approach, and a case approach, which examines legislation, legal concepts, and related court decisions. The results of the study show that the application of the pacta sunt servanda principle or the choice of domicile in accordance with the contents of the contract often conflicts when the lawsuit filed by the plaintiff does not correspond to the domicile chosen in the agreement. In several decisions reviewed, the court determined relative jurisdiction in accordance with thethe chosen domicile without considering the bargaining position of both parties, thuscausing injustice to the weaker party, because judges tend toprioritize the forum selection clause without considering the bargaining position of theparties, even though based on Article 118 paragraph (4) of the HIR, the choice of domicile inan agreement is not absolute, but voluntary. This study recommends the need for a balance between legal certainty and substantive justice, which must be maintained by judges, as well as the strategic role of notaries in providing legal education to parties regarding the consequences of court jurisdiction clauses.

The Impact Of Implementing Legislation For Individuals Who Commit Crimes In The Marine Environment Is Currently Being Assessed Kumalasari, Dewi Ratih
Ipso Jure Vol. 1 No. 5 (2024): Ipso Jure- June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7ssmks72

This research is entitled Legal Sanctions for Perpetrators of Marine Ecosystem Crime because they want to emphasize that everyone, both individuals and corporations, who commit environmental damage, especially marine ecosystems, must be responsible for their actions and be ready to face criminal sanctions in accordance with statutory regulations. This research uses normative juridical legal research methods, using three approaches: statute approach, conceptual approach, and case approach. The research materials used in this research are primary and secondary legal materials. In writing this article, deductive analysis was used to organize data and research. This method of investigation is based on general principles to explain specific events or general theories based on concrete facts. The aim of this research is to find and analyze law enforcement against individuals who commit violations of destroying marine ecosystems. The research findings indicate that countries are responsible for preserving marine ecosystems through effective regulation and law enforcement. However, the implementation of these regulations still faces challenges, such as limited resources and coordination among agencies. The study provides recommendations to strengthen the role of countries in preserving marine ecosystems, including enhancing institutional capacity, strengthening law enforcement, and forming partnerships with the private sector and communities

Measuring The Law On The Formation Of Laws And Regulations As A Touchstone Constitutional Review Djalil, Mochamad; Kumalasari, Dewi Ratih
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/f9hbej92

This study examines the constitutional supremacy in shaping statutory regulations, positioning it both as a guiding framework and a binding compliance standard for the public particularly state authorities and their institutions. It argues that the Law on the Formation of Laws and Regulations serves as a definitive and legitimate benchmark in constitutional review. Nonetheless, practical realities reveal instances where the principle of utility can override arguments concerning formal defects in legislation and Government Regulations in Lieu of Law (Perppu). Employing a normative legal research method that integrates statutory and conceptual approaches, this paper provides a descriptive analysis of the issue. The findings indicate that constitutional review functions as an embodiment of constitutional supremacy through the judicial examination of laws, with the Law on the Formation of Laws and Regulations serving as a key parameter in determining constitutionality a parameter whose application continues to evolve.

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