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All Journal Ipso Jure Ipso Jure
Rahmat Setiawan
Universitas Muhammadiyah Luwuk
Law, Crime, Criminology & Criminal Justice

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Journal : Ipso Jure

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Legal Analysis of Predator Pricing Practices in Business Competition in the Digital Economy Era Rahmat Setiawan; Endang Mustikowati
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zd9yyw84

Abstract

The rapid development of information and communication technology has changed the mechanism of business competition in the era of the digital economy, where digital companies use aggressive pricing strategies such as predatory pricing to eliminate competitors. Predator pricing, which is the setting of prices very low below production costs with the aim of weeding out competitors, is often disguised as a promotion or market acquisition strategy by large startups and digital platforms. This poses a major challenge in competition law enforcement in Indonesia because it is difficult to prove predatory intent and set very low price limits in the context of complex digital business models and limited cost transparency. Article 20 of Law No. 5 of 1999 normatively prohibits this practice, but its application is less adaptive to the characteristics of the digital economy. This study uses a normative juridical method with a study of regulations, ICC decisions, and international literature to examine the adequacy of legal norms related to predator pricing in Indonesia. The results of the study show the need to update regulations and increase the capacity of ICC in order to overcome market distortions due to predatory pricing strategies, especially those that have an impact on the sustainability of MSMEs. A multidisciplinary approach that integrates legal analysis, the digital economy, and data is ess.
Criminal Sanctions for Domestic Violence: Analysis of Effectiveness and Victim Protection Rahmat Setiawan; Arianti A. Ogotan; Endang Mustikowati
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.40

Abstract

This study analyzes the effectiveness of criminal sanctions against perpetrators of domestic violence and the level of legal protection provided to victims based on Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law). The approach used is a normative juridical method by examining relevant laws and regulations, doctrines, and judicial practices. The results of the study show that although the PKDRT Law has provided a strong legal basis in cracking down on perpetrators, its effectiveness is still weak due to structural constraints, patriarchal culture, and lack of victim perspective among law enforcement officials. Legal protection for victims is still formalistic and has not touched on the aspects of psychological and social recovery. Therefore, it is necessary to reconstruct the criminal law paradigm through a restorative justice approach that prioritizes the restoration of the dignity of victims, social reconciliation, and the prevention of repeated violence. Reformulation of norms and strengthening the capacity of law enforcement agencies is also an urgent need for the law to function as an instrument of substantive justice, not just a tool of punishment. This research emphasizes that justice in domestic violence cases must be realized through a balance between legal certainty, victim protection, and universal human values.
Co-Authors Arianti A. Ogotan ENDANG MUSTIKOWATI