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Audito Comparative Law Journal (ACLJ)
Published by Universitas Muhammadiyah Malang
ISSN : 27231968     EISSN : 27232476     DOI : https://doi.org/10.22219/aclj.v3i1.19873
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Audito Comparative Law Journal is a refereed scholarly journal with a genuinely global reach, publishing theoretical, doctrinal, socio-legal, and empirical contributions, managed by the Master of Law, DPPS, University of Muhammadiyah Malang, Indonesia. This journal is a pioneering open-access forum in publishing works that promote up-to-date legal scholarships in the South East Asia countries, specializing in comparative law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 5 No. 1 (2024): January 2024" : 5 Documents clear
The Concept of Legal Certainty in The Final and Binding Decision of The Election Manager Honorary Council (DKPP) Nisaq, Rista Choirun; Haruni, Catur Wido; Anoraga, Surya
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.29295

Abstract

The final and binding phrase on the DKPP decision in the provisions of Article 458 paragraph (13) of the Election Law was submitted for judicial review through the Constitutional Court decision Number RI 32/PUU-XIX/2021. In the provisions of Article 458 paragraph (13), the phrase final and binding means that the DKPP's decision can’t be submitted for legal effort. However, from the case of Evi Novida Eka Ginting, the Election Organizer Ethics Council (DKPP) decision can be submitted for legal effort. This has implications for the legal certainty of the final and binding phrase in the provisions of Article 458 paragraph (13). This research aims to analyze the final and binding decisions of the Election Organizer Ethics Council in terms of the Constitutional Court Decision Number.32/PUU-XIX/2021 and Law Number 7 of 2017 concerning Elections and to analyze the Election Organizer Ethics Council decisions. which is final and binding in terms of the aspect of legal certainty. The research method used is normative juridical. Based on the results of the research and discussion, First, viewed from the Constitutional Court decision no. 32/PUU-XIX/2021 the phrase "final and binding" in Article 458 paragraph (13) can be an object in the Administrative Court. What can be submitted is a legal effort, a lawsuit to the Administrative Court (PTUN) to cancel the Presidential Decree. Reviewed according to Law No.7 of 2017 concerning General Elections, Article 458 paragraph (13), the Election Organizer Ethics Council (DKPP) decision is final and binding, this means that the decision cannot be made to legal effort and directly can be held. Second, according to the principle of legal certainty, final and binding phrases cause legal uncertainty. Because the phrase is final and binding on the DKPP decision, it is interpreted that the Election Organizer Ethics Council (DKPP) decision can’t be made due to legal effort and must be held. So the final phrase in Article 458 paragraph (13) should be removed cause the meaning has multiple interpretations.    
The Ratification of Indonesia-Australia Comprehensive Economic Partnership Agreement: Investment Challenges and Opportunities Pratama, Andistya; Yuliana, Ginna
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.29644

Abstract

This article aims to conduct a more in-depth study of Indonesia's challenges and opportunities after the ratification of the 2020 Indonesia-Australia Comprehensive Economic Partnership Agreement, hereinafter referred to as IA-CEPA. IA-CEPA offers opportunities for investment, trade in goods and services, and human resource capacity building for both countries. The Indonesian government needs to accelerate the harmonization of national laws related to the substance of IA-CEPA so that no legal conflicts harm Indonesia's national and economic interests. This research applied normative or doctrinal research methods, collecting legal materials with literature studies, which were then analysed with descriptive analysis techniques to find solutions to the problems raised. The results show that IA-CEPA brings great opportunities for economic growth in both countries. With greater access to each other's markets and cuts in trade tariffs, this agreement can stimulate greater trade and investment. IA-CEPA provides incentives for both countries to diversify their investment sources. This can help reduce dependence on one particular country or region and increase economic resilience.
Implementation of Business Competition Compliance Program to Prevent Unfair Business Competition Practices Against Business Enterprises Hartini, Rahayu; Arief, Muhammad; Permana, Adi
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.29780

Abstract

This research is motivated by the government's seriousness in realizing improvements in the community's economy, namely by creating a business competition compliance program to overcome or prevent unfair business competition practices among business people. The effectiveness and efficiency of the implementation of the program, it is still not fully realized, because there are still many companies that have not participated in the business competition compliance program. The legal issues in this research are: 1). Reviewing the supervisory role of KPPU on the effectiveness of the business competition compliance program in efforts to prevent unfair business competition. 2. Analyze the strategies for dealing with unfair business competition and implementing business competition compliance programs in society. This research is normative juridical. By using a statutory and conceptual approach. In this study, two sources of primary and secondary legal materials were used.. This institution has a very broad authority, namely being a supervisory institution, it also has authority in the judicial and legislative fields. One of the legislative powers issued is KPPU Regulation Number 1 of 2022 concerning the Business Competition Compliance Program. This program is expected to be a form of effort to prevent unfair business competition. In practice this program is still not effective. Therefore, it is necessary to revise Law Number 5 of 1999 so that it will provide a clear position for KPPU in carrying out its duties and be able to implement business competition compliance programs to the fullest. Second, regarding the strategy developed to create fair business competition, it can provide understanding for business actors to comply with and also build awareness independently to help implement the program and to be able to identify, assess and manage risks that will occur with the provision of mentoring.
Mitigating The Spread of Radical Ideas Through Counter-Radicalization Based on Local Wisdom Samsul Arifin; Hariri, Achmad; Prakasa, Satria Unggul Wicaksana; Asis, Asis; Hakim, Lukman
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.29950

Abstract

Understanding efforts made by the government to counter radicals are limited to three (3) major patterns: national preparedness, deradicalization, and counter-radicalization. However, these efforts have yet to be effective enough. The facts show that more than efforts to fight the spread of radicalism are needed with law enforcement. On the one hand, we can see in some areas, especially those in Pamekasan district, that local wisdom also significantly influences efforts to counteract radicalism. The unwritten rules of living in society have indirectly fortified themselves from radical ideas. On this basis, the problems that will be raised in this study are related to the local wisdom of the Pamekasan Madura community, which is considered capable of resisting the entry of radical ideas; the purpose of this study is to find out that the norms that live in the community have succeeded in counteracting.
Quo Vadis Technology-Based Companies to Issue MVS When Conducting an IPO on the IDX Keumala, Dinda; Sabirin, Ahmad; Balqies, Izzah; Pahlevi, Ahmad Gozzy
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.31710

Abstract

This paper aims to examine whether technology-based companies issue multiple voting shares when conducting an initial public offering on the stock exchange is needed in Indonesia to be an urgency in Indonesia. The application of multi-voting shares must follow the stipulated provisions, starting from the share lock-up period to the validity period of the multi-voting shares. This article used normative legal research methods. The research findings show that shares with multiple voting rights give a lot of votes to old shareholders with a determination before the initial public offering and determined in the articles of association of the company. New shareholders, despite owning the majority of shares, only have 1 (one) vote per share or as in Law Number 40 of 2007 concerning Limited Liability Companies known as “one share one vote”. This optional policy implies that the shareholders, although the majority, do not control the company. This means that ordinary shareholders, although the majority, can only enjoy profits through capital gains and dividend distribution. However, if the issuer suffers a loss, the ordinary shareholders, who are the majority shareholders, will suffer the biggest loss.

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