Muyassar, Alifia Nada
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Putusan Mahkamah Konstitusi Terkait Batas Usia Minimal Calon Presiden dan Calon Wakil Presiden Dalam Putusan MK Nomor 90/Puu-Xxi/2023 Perspektif Etika Profesi dan Tanggung Jawab Hukum Muyassar, Alifia Nada; Putri, Khairunnisa Wiladi; Alya, Farah; Maniari, Elsa; Pramudya, Aissyah Lintang; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15567839

Abstract

The Constitutional Court (MK) has a crucial role in upholding the supremacy of law and the constitution in Indonesia. However, the independence and integrity of MK judges are in the spotlight in MK Decision Number 90/PUU-XXI/2023 which changes the provisions on the age limit for presidential and vice presidential candidates. This decision has sparked controversy due to allegations of violations of the code of ethics by one of the MK judges who has a conflict of interest with the party benefiting from the decision. This study aims to analyze the effect of violations of the code of ethics by MK judges on the legitimacy and acceptance of MK decisions. The research method used is juridical-normative with a statutory regulatory approach and analysis of decisions and their impacts. The results of the study show that violations of the code of ethics can damage public trust in the MK and give rise to debate about the validity of the resulting decisions. In addition, non-compliance with the code of ethics has the potential to weaken the independence of the judiciary and create a bad precedent for the enforcement of constitutional law in the future. Therefore, a stricter oversight mechanism is needed for MK judges as well as strict enforcement of sanctions to ensure that the resulting decisions remain objective and based on the principle of justice.
ASAS KEBIASAAN DALAM PENGGUNAAN GOOGLE PLAY BILLING SYSTEM BAGI PENGEMBANG APLIKASI DALAM DISTRIBUSI PRODUK DI GOOGLE PLAY STORE Muyassar, Alifia Nada; Iwan Erer Joesoef
Jurnal Ilmu Hukum Vol. 14 No. 2 (2025): Jurnal Ilmu Hukum
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/hc19b434

Abstract

KPPU Decision Number 03/KPPU-I/2024 regarding the mandatory use of the Google Play Billing System (GPB) is an important milestone in the supervision of business competition in Indonesia's digital economy sector. Google is considered to have implemented an exclusive digital payment policy, forcing application developers to use GPB with a commission of 15-30% and limiting payment alternatives. This policy is considered to strengthen Google's dominant position in app distribution through the Google Play Store, which controls the majority of the market share. This study analyzes the KPPU's considerations in imposing a fine of IDR 202.5 billion and the application of legal principles, including the identification of abuse of dominant position and the evaluation of the impact of the policy on developers and consumers. Additionally, this study highlights the relevance of customary principles as stipulated in Articles 1339 and 1347 of the Civil Code in assessing the fairness of contractual terms between platforms and app developers. The results of the study show that the KPPU's decision emphasizes the importance of fair business competition, openness of payment systems, and protection of innovation in the digital ecosystem. The decision also sets a precedent for digital economy regulation and oversight of global platforms in Indonesia.