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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi LamLaj
Tarina, Dwi Desy Yayi
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Law, Crime, Criminology & Criminal Justice

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Dynamics of Business Competition in the Business Sector Online Transportation: Case Study of Grab Indonesia's Discriminatory Allegations Against Independent Drivers According to the Business Competition Supervisory Commission's Perspective Salsabilasyah, Firyal Nur; Ardhanareswari, Viona; Aulia, Saffira; Tarina, Dwi Desy Yayi
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i4.7631

Abstract

This research discusses the dynamics of business competition in the online transportation sector, focusing on a case study of allegations of discrimination by Grab Indonesia against independent drivers. Ride-hailing has become an integral part of modern society, leveraging technological developments to provide efficient and transparent transportation services. However, behind the convenience offered, the issue of unfair business competition arises, such as what happened to Grab Indonesia. This research explores how the cooperation between Grab Indonesia and PT TPI, which provides rental vehicles for drivers, has led to allegations of discrimination against independent drivers. Using a normative juridical research method, this study analyzes the mechanism for resolving violations of law related to discrimination by the Business Competition Supervisory Commission (KPPU). The results show that the discriminatory actions taken by Grab Indonesia have negatively impacted independent drivers and triggered regulatory intervention by KPPU.
Royalty Mechanism under Government Regulation No. 56 of 2021 and the Fair Use Principle in Copyright Andhiyo, Immanuel Given Bintang; Tarina, Dwi Desy Yayi
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

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Abstract

Government Regulation No. 56 of 2021 on the Management of Royalties for Copyrighted Songs and/or Music was enacted to safeguard the economic rights of creators through a centralized royalty management system administered by the National Collective Management Organization (LMKN). Existing studies on LMKN primarily emphasize institutional authority, collection mechanisms, and royalty distribution efficiency. This study offers a novel perspective by introducing and conceptualizing the dissenting right as a critical yet overlooked dimension within Indonesia’s royalty governance framework. This research argues that the flat-fee royalty mechanism mandated by the regulation produces substantive injustice by disregarding actual usage intensity and by coercively imposing royalties even where creators explicitly decline economic remuneration. Such practices undermine the individualized nature of copyright as a personal and proprietary right. Moreover, the extension of royalty obligations to commercial establishments where music serves merely as a supporting element, rather than a core commercial commodity, further disrupts the balance between copyright protection and public interest. Using a normative juridical approach, this study demonstrates that the absence of a dissenting right within the LMKN system reflects a structural imbalance that weakens creators’ autonomy over their own works. The research proposes the integration of the fair use principle as a complementary regulatory mechanism to operationalize the dissenting right, allowing limited non-prejudicial use of works without mandatory royalty payment. This integration constitutes the primary novelty of the study, offering an alternative regulatory model that is more proportional, creator-centered, and responsive to diverse modes of music utilization, while preserving equilibrium between economic rights protection and public access.
Co-Authors Andhiyo, Immanuel Given Bintang Ardhanareswari, Viona Aulia, Saffira Salsabilasyah, Firyal Nur