Journal of Private and Economic Law

PENEGAKAN HUKUM OLEH KOMISI PENGAWAS PERSAINGAN USAHA TERKAIT PERJANJIAN PENETAPAN HARGA

2024-12-06T17:41:47+07:00

The existence of the Business Competition Supervisory Commission (KPPU) to supervise the implementation of the Business Competition Law. The authority possessed by the KPPU in carrying out its duties includes investigation, prosecution, consultation, examining and deciding cases. However, its authority in handling Price Determination Agreement cases is not yet optimal. For this reason, the KPPU needs the direction of the legal system of business competition supervisory institutions from countries with strong legal and economic systems so that they can be used as a reference for the implementation of the country based on constitutional heritage, such as Japan. The Antimonopoly Law in Japan establishes the Japan Fair Trade Commission (JFTC) which has quite effective authority in handling price fixing agreement cases, namely with the Pre-Notification legal system. This research emphasizes the problem of comparing the authority of the Business Competition Supervisory Agency in Indonesia and the Business Competition Implementation Supervisory Agency in Japan, especially in handling Price Determination Agreement cases. The research method used is Normative Juridical (Legal Research) to answer the legal issues faced. which aims to study one or several symptoms of a particular regulation and how to analyze it. The results of this research are that the KPPU needs legal reform regarding its authority in handling price fixing agreement disputes, one of which is by implementing a Pre-Notification legal system as in Japan, namely the Japan Fair Trade Commission (JFTC).

ASURANSI PENGIRIMAN BARANG PADA FITUR LAYANAN GO-SEND YANG DISEDIAKAN PT APLIKASI KARYA ANAK BANGSA

2024-12-06T16:57:56+07:00

This research discusses the legal responsibilities of PT Solusi Karya Anak Bangsa (AKAB) as a Go-Send service provider in the context of goods delivery insurance. Go-Send is an application-based goods delivery feature that collaborates with driver partners. Problems that often arise in this service are loss or damage to goods during the delivery process, either due to negligence or the driver's partner's intention. For this reason, PT AKAB offers insurance services with a compensation limit of up to IDR 10 million, in accordance with the applicable terms and conditions..The research uses normative juridical methods with statutory and conceptual approaches, as well as analyzing primary and secondary legal materials. The research results show that the legal relationship between PT AKAB and the driver partner is a partnership, so that legal responsibility for losses should lie with the driver partner. However, the existence of insurance services provides additional protection for consumers. This research recommends strengthening consumer protection through more comprehensive regulations to reduce potential losses in Go-Send services.

GUGATAN WANPRESTASI PURCHASE ORDER DALAM PEMASOKAN GARAM

2024-12-06T16:46:43+07:00

Purchase Order is a form of agreement made by enterpreneur. Purchase Order is an agreement with the goods supply system through the order process as evidence for the producer that an order transaction has occurred. This achievement must be carried out by the parties which contains giving something, doing something, and not doing something. Based on Article 1243 of the Civil Code, because it does not carry out the achievement, then this can be called a default. Default can also occur in an agreement in the form of a Purchase Order, as happened in the salt supply business relationship through a Purchase Order between PT Indumanis and UD Sumber Lancar due to the non-performance of achievements in the form of payments in accordance with the agreed nominal and time, with an indication of default, the party those who feel aggrieved have the right to file a civil lawsuit to the competent District Court with the argument that the defendant's action of breaking a promise and asking for compensation from the defendant both materially and immaterially, and is obliged to prove the arguments of his lawsuit through evidence and evidence as legal considerations for the Panel of Judges. The author uses doctrinal research methods, with the collection of legal materials for literature study. The results of the answers to the formulation of the problem, namely first, Purchasing Order binds the plaintiff and the defendant in the sale and purchase transaction as an agreement, order letter, and binding sale and purchase. Second, the Defendant's action is categorized as an act of default by not paying the price of the goods according to the agreement. Third, the plaintiff's claim was partially granted by the panel of judges because the plaintiff's petition (demand) did not match the total debt and the plaintiff could not concretely prove the evidence of immaterial losses, so it was considered a lawsuit with unclear legal basis, because claims for immaterial compensation are not detailed based on facts.

KETERLAMBATAN PEMBERITAHUAN PENGAMBILALIHAN (AKUISISI) SAHAM PT PUTRA BONGAN JAYA OLEH TAIKO PLANTATIONS PTE. LTD DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA

2024-12-06T17:19:27+07:00

Business competition has an important role in creating conducive and efficient conditions to maximize the economy. With this goal, many business actors take steps to take over company shares. One of them is Taiko Plantations Pte. Ltd. which took over the shares of PT Putra Bongan Jaya. In the case of taking over the shares of another company which causes a change in control, the asset value and the combined sales value exceeds certain limits, the KPPU must notify the KPPU within a maximum of 30 (thirty) working days. if in its implementation the notification is late, it will be subject to sanctions by the Business Competition Supervisory Commission. However, Taiko Plantations Pte. Ltd was late in making the notification. For that matter Taiko Plantations Pte. Ltd. is suspected of violating the prohibition on monopolistic practices and unfair business competition and was sued with a case decision Number 18/KPPU-M/2020. However, in the investigation conducted by KPPU, the takeover of PT Putra Bongan Jaya's shares by Taiko Plantations Pte. Ltd is proven not to result in monopolistic practices and unfair business competition. But Taiko Plantations Pte. Ltd. legally commits a violation by being late in notifying KPPU and being given a sanction in the form of an administrative fine which must be deposited into the state treasury.

TANGGUNG JAWAB HUKUM PERUSAHAAN TELEPON GENGGAM VIVO ATAS PLAGIARISME LAGU DREAM GIRL UNTUK KEPENTINGAN KOMERSIAL

2024-12-06T15:00:42+07:00

Copyright piracy is rampant on social media, such as the use of copyrighted t-shirt designs and music without permission, for instant profit without respecting the creative process. The product of human work is an acknowledgment of humans themselves as creatures who create because of their intellect. Lato Number 28 of 2014 concerning Copyright (UUHC) is present as a legal instrument to protect copyrighted works from acts of recognition and piracy. For its protection, Indonesia participates in international community relations by becoming a member of the Agreement Establishing the World Trade Organization, which also includes the Agreement on Trade Related Aspects of Intellectual Property Rights, hereinafter referred to as TRIPs, through Law Number 7 of 1994. In addition, Indonesia has also ratified the Bernee Convention for the Protection of Artistic and Literary Works through Presidential Decree Number 18 of 1997 and the World Intellectual Property Organization Copyrights Treaty, bereinafter referred to as WCT, through Presidential Decree Number 19 of 1997. However, this protection has not been effective in preventing piracy. This study focuses on the case of the use of unauthorized songs by the Vivo mobile phone company in the Vivo V20 product advertisement in September 2020. The song in the advertisement bas significant similarities to Anna of the North's work entitled Dream Girl, which was released in September 2019. This case shows the weak compliance with copyright in Indonesia even though regulations are available. This study uses a normative legal method with a legislative and conceptual approach to analyze copyright protection in the Copyright Law and related international instruments. The results of the study show that weak implementation and enforcement are still major challenges in preventing piracy practices. Resolving similar cases requires stricter law enforcement and increasing collective awareness to respect copyright.

BENTUK PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PRODUK BAJA YANG TIDAK MEMPUNYAI SNI

2024-12-07T09:13:44+07:00

The case of steel trade that does not have SNI by the xxxxx Bandung store that occurred in 2021 is that steel product business actors outsmart by making their own SNI label stickers, then attached to the traded steel, causing material losses to Purgon Sulaeman as a consumer because the use of steel as a building material unexpectedly collapsed on consumers so that consumers suffered injuries that bad to get stitch wound treatment at the hospital. The government has determined that mandatory SNI is imposed for concrete reinforcing steel with the issuance of regulations in the form of Minister of Industry Regulation Number 14 of 2018 concerning the Compulsory Implementation of Indonesian National Standards for Concrete Reinforcing Steel. The purpose of this study is to examine the form of legal protection for consumers of steel products that do not have SNI. Researchers use a statutory approach (statute approach) and a conceptual approach (conceptual approach). There are 2 (two) forms of legal protection for consumers who experience losses due to steel products that do not have SNI, namely internal legal protection from the memorandum of sale and purchase agreement and external legal protection in the form of laws and regulations to provide protection for the rights or interests of consumers who are harmed due to the use of steel products that do not have SNI regulated in Law No. 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Industry No. 4 of 2018 concerning the Compulsory Implementation of Indonesian National Standards for Concrete Reinforcing Steel. Consumers can file claims for compensation to business actors on the basis of unlawful acts regulated in the Civil Code.