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Ariawan Gunandi
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Law, Crime, Criminology & Criminal Justice

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ANALISIS PENERAPAN PRINSIP KEHATI-HATIAN DALAM PEMBERIAN KREDIT PADA LAYANAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI DALAM FITUR PEMBAYARAN PAYLATER Tasya Hanifah Anggraini; Ariawan Gunandi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17960

Abstract

The presence of electronic transactions in the payment system plays a big role for both business actors and consumers in conducting transaction activities. Currently there is a payment feature that supports consumers to shop by using installment payments or providing credit without giving credit and providing guarantees (Paylater). As the name implies, the Paylater feature provides an opportunity for consumers to take advantage of services and services while they pay at the end according to the given limit. One of the e-commerce that offers payment method features with buy now, pay later or Paylater is the Shopee Platform. Shopee makes it easy by providing easy requirements to activate this Shopee Paylater account. However, on the other hand, the convenience provided actually creates a problem, where consumers can easily get credit with large limits without many requirements. This study examines how the application of the prudential principle in the Shopee Paylater payment feature in reducing the risk of default.
PERANAN KOMISI PENGAWAS PERSAINGAN USAHA TERHADAP INFLASI HARGA OBAT SELAMA PANDEMI COVID-19 Tiya Nur’aini; Ariawan Gunandi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17919

Abstract

During the Covid-19 Pandemic, many negative impacts on life in general, such as a problem that newis currently occurring, namely the increase or inflation of drug prices, many business actors make this event a large profit field and can add to problems such as hoarding is an example of the case, namely the hoarding of drugs by PT ASA which also increases the selling price of its drugs and raises prices beyond the MRT(maximum retail price) provisions which can lead to monopolistic practices and unfair business competition between business actors. with the main problem: What is the role of the Business Competition Supervisory Commission (BCSC) on Drug Price Inflation During the Covid-19 Pandemic? . The method use a normative research that the results of this study indicate that problems with inflation or drug prices increase must be addressed by the Business Competition Supervisory Commission (BCSC) in carrying out its role in efforts to prevent monopolistic practices and business competition in every business activity and can foster a conducive business climate through the creation of fair business competition, and prevent monopolistic practices and or unfair business competition caused by business actors, as well as create effectiveness and efficiency in business activities in the context of increasing national economic efficiency as one of the efforts to improve people's welfare is the objective of BCSC in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.
PERLINDUNGAN HUKUM BAGI PEMEGANG SAHAM PUBLIK TERHADAP EMITEN YANG DIHAPUS PENCATATAN EFEKNYA DALAM RANGKA KETERBUKAAN INFORMASI (CONTOH KASUS: PT INOVISI INFRACOM TBK (INVS) TAHUN 2017) Alfen Dwi Putra; Ariawan Gunandi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13587

Abstract

The capital market aims as a means of financing that brings together investors as parties who want to invest their funds or as parties who have more funds with issuers as parties who need funds to expand their business sector. Objects traded in the capital market are securities or commonly called securities. Legal protection for investors still has many weaknesses, so legal protection for investors creates uncertainty. Given the failure of the regulator to observe developments that occur or the lack of speed in adapting to rapid developments, it may result in the abandonment of the capital market in Indonesia by both foreign and domestic investors. To be able to achieve the goal of the capital market, namely to meet the funding needs of business actors, a legal protection mechanism is needed that can make potential investors feel safe investing in the capital market. Both the Capital Market Law, the Company Law, and the OJK Law have provided an opportunity for capital market players, especially investors, to save their assets when a delisting occurs.
KETERKAITAN MENGENAI KEPEMILIKAN AKSES BIG DATA TERHADAP HUKUM PERSAINGAN USAHA Andriyanto Andriyanto; Ariawan Gunandi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17765

Abstract

Along with the development of the times which of course increasingly sophisticated technology as like today, bringing us into the era of revolution 4.0. One of the important components for developments in this era of industry is the presence of Big Data. This Big Data is widely used by companies in business to be able to get a clear picture of consumer behavior and analyze the data to be able to draw the conclusions and also what consumers need in the market. And this of course gonna give a company more access to the market channels in many ways. Unfortunately, this way has the potential to make some company who has access to big data have a dominant position in the market which can lead to monopolization of the market and control over market share. The purpose of this conceptual article is to provide an overview of big data from a competition law perspective and provide advice to the authorities to regulate and supervise the ownership of company access to Big Data that can potentially create a monopolistic market.
PERLINDUNGAN HUKUM BAGI PENGGUNA JASA DRY CLEAN & LAUNDRY SERVICE TERHADAP HAK KONSUMEN (STUDI PUTUSAN NOMOR 85/PDT.G/2019/PN.JKT.PST) Maya Adilla Humaira; Ariawan Gunandi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17948

Abstract

Legal protection for consumers is very important because basically consumers have the same rights as business actors, both universal and specific rights. In Article 1 number 1 of Law Number 8 of 1999 concerning Consumer Protection, namely all efforts to ensure legal certainty to provide protection to consumers. Consumer protection is a legal instrument created to protect and fulfill consumer rights or efforts to ensure legal certainty to provide protection to consumers.
ANALISIS YURIDIS TERHADAP PRODUKSI BAJA TULANGAN BETON NON STANDARDISASI INDONESIA DITINJAU DARI UNDANG-UNDANG NOMOR 3 TAHUN 2014 TENTANG PERINDUSTRIAN (STUDI KASUS: PUTUSAN NOMOR 352/PID.SUS/2018/PN.PDG) Renaldy Renaldy; Ariawan Gunandi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17762

Abstract

In industrial law, concrete reinforcing steel is one of the products that are often found in daily practice for building construction foundations. Producers, distributors, and consumers have traded, transported and produced reinforcing steel which did not comply with Indonesian national standards. Besides this activity is very dangerous for the community and users, it can also hamper domestic growth in Indonesia. Therefore, there is a need for further research using several theories of corporate crime and civil theory to see how legal accountability is for perpetrators of law violators. However, the application of the theory of corporate crime still raises pros and cons due to different perceptions from experts. Thus, this research was conducted to find a common thread in order to achieve clarity of legal responsibility for the production of steel reinforced concrete in cases of violations of Indonesian national non-standard reinforced concrete steel.
PERLINDUNGAN HUKUM TERHADAP PEMBELI RUMAH YANG PERUSAHAAN PENGEMBANGNYA DINYATAKAN PAILIT (Studi Kasus: PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR: 21/PdtSus-Pailit/2020/PN.Niaga.Jkt.Pst.) Sherly Angelina Chandra; Ariawan Gunandi
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17885

Abstract

Developer that is declared bankrupt can cause various legal consequences to the public, one of them is house buyer. House buyer already make Sale and Purchase Agreement with developer. However, when developer is bankrupt, then the house will be bankruptcy estate as long as the Deed of Sale and Purchase has not been proceed in the presence of a notary. In this paper, author wants to examine law protection to house buyer when the developer is bankrupt. Case is used in this paper is Central Jakarta Commercial Court Decision No: 21/Pdt-Sus-Pailit/2020/PN.Niaga.Jkt.Pst. This paper used a normative legal research method by statute approach and conceptual approach. The type of data that used in this paper is secondary data which includes primary legal materials and secondary legal materials. The result of this paper show that if viewed from Law No. 37/2004 on Bangkruptcy and PKPU, there is law protection for house buyer that bound under Sale and Purchase Agreement by registering become a concurrent creditor to get compensation. Author concluded that when a bankruptcy case occurs, the provisions used are those regulated by Law No. 37/2004 on Bankruptcy and PKPU considering that this law adheres to the principle of integration. The government should renew the bankruptcy conditions by implementing an insolvency test so that consumer creditors are protected from debtors with bad intentions, public should be careful in buying houses through the Sale and Purchase Agreement.
Co-Authors Alfen Dwi Putra Andriyanto Andriyanto Maya Adilla Humaira Renaldy Renaldy Sherly Angelina Chandra Tasya Hanifah Anggraini Tiya Nur’aini