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Pendekatan Restorative Justice dalam Perlindungan Hukum Anak sebagai Pelaku Tindak Pidana : Menyeimbangkan Keadilan dan Pembinaan Uut Rahayuningsih; Anna Nur Hikmah; Siti Nurcahyati
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 2 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i2.883

Abstract

This paper discusses legal protection for children as offenders in the juvenile justice system in Indonesia through a restorative justice approach. The study aims to analyze the effectiveness of this approach and the challenges faced in its implementation. The method used is normative juridical with a legislative and conceptual approach. The research findings indicate that the restorative justice approach offers a more child-friendly resolution mechanism, protects children from social stigma, and focuses on restoring social relationships. However, its implementation is still hindered by a lack of understanding among law enforcement officials, limited resources, and a legal culture that predominantly favors a retributive approach. A synergy among various parties is needed to enhance the effectiveness of legal protection for child offenders.
Analisis Yuridis Dugaan Pelanggaran Kartel dalam Kuota Impor Garam Industri oleh AIPGI : Studi Kasus (Putusan Nomor 09/KPPU-I/2018) Adinda Alviana; Anna Nur Hikmah; Findia Putri Marselina; Kharisma Eka Putri; Muhammad Aldi Pratama; Muhammad Alif Baiquni; Nur Syahida; Saira Shabrina; Siti Nurcahyati; Syafiul Muhlasin; Tanya Ketrin Mamonto; Tiara In Gayatri
JUMBIWIRA : Jurnal Manajemen Bisnis Kewirausahaan Vol. 4 No. 2 (2025): Agustus : Jurnal Manajemen Bisnis Kewirausahaan
Publisher : BADAN PENERBIT STIEPARI PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/jumbiwira.v4i2.2562

Abstract

This study aims to find out how the form and agreement of the distribution of salt import quotas for various food industries carried out by business actors through the Indonesian Salt Producers Importers Association (AIPGI) in the perspective of business competition law in Indonesia. In addition, this study also aims to analyze whether the action meets the elements of violation of Article 11 of Law Number 5 of 1999, as well as its legal and economic impact on market structure, business competition, prices, and supply in the food and beverage industry. This research uses a normative juridical method with a statutory approach and a case study of ICC Decision Number 09/ICC-I/2018, and is supported by secondary data from relevant legal literature and laws and regulations. The results of the study show that the distribution of import quotas by AIPGI is carried out without a valid legal basis and has the potential to lead to cartel practices, which leads to market control by a handful of business actors, price distortions, supply scarcity, and increased production costs in the food and beverage sector. Although ICC stated that it was not legally proven that there had been a violation of Article 11, this collective practice was contrary to the principle of fair competition and created an oligopolistic market structure. These findings underscore the importance of transparency, oversight of business associations, and consistent law enforcement to maintain fair business competition in Indonesia.