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Journal : JESS (Journal of Education on Social Science)

Eksistensi Komisi Pengawas Persaingan Usaha dalam Penanganan Persekongkolan Tender dalam Perspektif Hukum Positif Indonesia Surya Bhakti; Zainal Asikin; Sahnan Sahnan
Journal of Education on Social Science (JESS) Vol 4 No 1 (2020): Development of Human Resource in Organization
Publisher : Faculty of Social Science, Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/jess.v4i1.231

Abstract

This study aimed to examine and analyze the legal position of the the Supervision Commission as the only institution dealing with competition law in Indonesia legal system and determine the existence of law enforcement of the Commission as the only institution related to tender collusion (conspiracy) viewed from the Indonesian legal perspective. This was a normative study (research), with a statutory and conceptual approach. The results of this study indicated that the position of the Supervision Commission as the only institution dealing with competition law in Indonesia in the justice system was independent from the influence of other institutions in resolving disputes on unfair business competition in Indonesia; and the existence of the Commission is the only institution dealing with competition law in Indonesia in carrying out its duties and authorities in accordance with the mandate of the Law Number 5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition.
Penyalahgunaan Wewenang dalam Tindak Pidana Korupsi Setelah Berlakunya UU No. 30 Tahun 2014 Tentang Administrasi Pemerintahan Zulkarnaen Zulkarnaen; Zainal Asikin; Amiruddin Amiruddin
Journal of Education on Social Science (JESS) Vol 4 No 1 (2020): Development of Human Resource in Organization
Publisher : Faculty of Social Science, Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/jess.v4i1.233

Abstract

This research was conducted to find out how the concept of abuse of authority in criminal acts of corruption after the enactment of Law Number 30 of 2014 concerning Government Administration; and How was law enforcement in handling criminal acts of corruption after the enactment of the Law Number 30 of 2014. This research was a normative legal research. The approach used in this research was the statutory approach, the conceptual approach, and the comparative approach. From the results of the study it could be concluded that the concept of abuse of authority in criminal acts of corruption after the entry into force of Law Number 30 of 2024 concerning Government Administration was the Abuse of authority in accordance with Article 17 of Law No. 30 of 2014. Law No. 30 of 2014 focused on preventing abuse of authority. Aspects of criminal acts of corruption were first proven based on administrative law. In the process of law enforcement, if there was indeed an abuse of authority, then it became the basis by law enforcement officials to investigate or investigate allegations of corruption against the abusers of authority, whereas if in testing the abuse of authority by the State Administrative Court, the evidence was not proven, of course these actions could not be used as a basis for conducting investigations.