Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Ningrum Natasya Sirait
Faculty of Law, Universitas Sumatera Utara, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Legal Position of Business Competition Law in the Perspective of Legal Certainty in Indonesia: A Normative Study of Law No. 5 of 1999 Post-Omnibus Law Mohammad Reza; M. Hawin; Ningrum Natasya Sirait
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6010

Abstract

This study aims to analyze the legal position of business competition law within Indonesia’s legal system following amendments introduced by the Omnibus Law, as well as its implications for legal certainty in competition case resolution. This research employs a normative legal method through legislative, conceptual, and case approaches. The findings indicate that Law No. 5 of 1999, after being amended by the Omnibus Law, places competition law within the administrative non-criminal legal framework, yet still leaves several legal uncertainties, particularly regarding the authority of the Business Competition Supervisory Commission (KPPU) in conducting investigations. These uncertainties result in inconsistencies in law enforcement and overlaps with other legal systems. This study recommends a comprehensive procedural framework for business competition law, reinforcing KPPU’s position as an auxiliary state institution with full authority over administrative investigations, along with improvements in evidence mechanisms.
Law and Investment Comparison in Australia, South Korea, and Indonesia Montayana Meher; Ningrum Natasya Sirait; Mahmuddin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6485

Abstract

This essay examines the legal and policy frameworks regulating foreign direct investment (FDI) in Australia, South Korea, and Indonesia by focusing on three key areas of law: national laws on foreign investment (including treaties), competition and consumer law, and anti-corruption law. These legal domains significantly influence the decisions and risk assessments of outbound investors. The study highlights how each country’s legal system—Australia’s common law versus South Korea’s and Indonesia’s civil law traditions—affects FDI regulation. It also contrasts developed (Australia and South Korea) and developing (Indonesia) economies, revealing distinct challenges and opportunities in attracting sustainable FDI. Comparative legal analysis is used to assess the effectiveness and limitations of existing frameworks, especially in the context of pre- and post-pandemic reforms. While Australia and South Korea are seen as stable and secure environments for investment, Indonesia, despite being high-risk, offers potentially higher returns. The essay argues that legal clarity and effective governance—especially in anti-corruption and competition regulation—play a critical role in fostering investor confidence. Using a normative legal research method with descriptive, analytical, and case study approaches, the essay concludes that comprehensive understanding of these legal areas is essential for minimizing investment risks and promoting sustainable FDI flows.
Co-Authors M. Hawin Mahmuddin Mohammad Reza Montayana Meher