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All Journal JUSTITIA JURNAL HUKUM Jurnal Smart Hukum (JSH)
Omar Damaraji Dewananda
Pancasila University Jakarta
Law, Crime, Criminology & Criminal Justice Social Sciences

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Tender Rigging as a Violation of Competition Law : A Study of KPPU Decision No. 02/KPPU-L/2024 Omar Damaraji Dewananda; Jeffri Marthan Leonard; Ibnu Zakaria
JUSTITIA JURNAL HUKUM Vol 10 No 1 (2026): Justitia jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v10i1.29048

Abstract

Tender mechanisms are intended to ensure fair business competition; however, in practice, they are often manipulated through bid rigging that leads to unfair competition. This study examines the legal issue of how tender arrangements are classified as violations of competition law and analyzes the legal reasoning of the Business Competition Supervisory Commission (KPPU) in Decision No. 02/KPPU-L/2024. The purpose of this research is to analyze forms of tender arrangements that violate Law Number 5 of 1999 and to assess the legal considerations applied by the KPPU in deciding the case. This research employs normative legal research. The findings reveal that the tender arrangement in this case involved agreements among business actors and the participation of related parties, resulting in the elimination of fair competition, as evidenced by similarities in bid documents, predetermined tender winners, and actions that hindered other business actors from competing fairly. In its decision, the KPPU concluded that such conduct fulfilled the elements of bid rigging as stipulated in Article 22 of Law Number 5 of 1999, thereby legally and convincingly proving the occurrence of a violation of competition law. This decision affirms the role of the KPPU in enforcing fair competition principles and providing legal certainty in public procurement practices.
Legal Certainty in First-Time Land Registration Based on a Juridically Defective Compensation Certificate (SKGR): An Analysis of Decision Number 58/G/2024/PTUN.PBR, Decision Number 81/B/2025/PT.TUN.MDN, and Decision Number 799 K/TUN/2025 Luthvia Nur Azizah; Siti Hajariah A; Omar Damaraji Dewananda
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1977

Abstract

This study aims to analyze the legal certainty of first-time land registration based on a juridically defective Compensation Certificate (Surat Keterangan Ganti Rugi/SKGR) and the legal consequences of issuing a Certificate of Ownership resulting from such registration, as examined in Decision Number 58/G/2024/PTUN.PBR in conjunction with Decision Number 81/B/2025/PT.TUN.MDN and Decision Number 799 K/TUN/2025. This research employs a normative legal research method using statutory and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively through a prescriptive method. The findings indicate that first-time land registration based on an SKGR that has lost its juridical validity cannot provide complete legal certainty for rights holders. Courts at all levels found that the issuance of the certificates contained procedural and substantive defects due to the use of a revoked SKGR, inconsistencies between physical data and the underlying title, failure to conduct the mandatory public announcement, and disregard of the rights of the party who had previously possessed the land. Consequently, the certificates were declared null and void and were ordered to be revoked by the National Land Agency. The decisions affirm that legal certainty in land registration can only be achieved when all legal requirements and procedures are properly fulfilled.
Co-Authors Ibnu Zakaria Jeffri Marthan Leonard Luthvia Nur Azizah Siti Hajariah A