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All Journal Risalah Hukum Fleksibel: Jurnal Pengabdian Kepada Masyarakat
Aryo Subroto
Fakultas Hukum Universitas Mulawarman
Humanities Civil Engineering, Building, Construction & Architecture Education Electrical & Electronics Engineering Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Transportation

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Perbedaan Penerapan Pendekaran Per se Illegal Dan Rule of Reason Dalam Putusan KPPU Tentang Kartel Penetapan Harga Dimas Aryadiputra; Deny Slamet Pribadi; Aryo Subroto
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.753

Abstract

The emergence of an economic impact analysis in the decision of the price fixing cartel case in Article 5 of the UULPM which should use the approach in that article is Per se Illegal, including Decision No. 08/KPPU-L/2018, Decision No. 04/KPPI-I/2016, Decision No. 32/KPPU-L/2008, Decision No. 26/KPPU-L/2007, and Decision No. 02/KPPU-I/2003 by analyzing the use of a single Per se Illegal approach in the decision of the price fixing cartel case in ensuring legal certainty. The approach in this study uses doctrinal research. From the results of the analysis of the decision related to the price fixing cartel in the consideration of the commission assembly, it has been found in the form of economic evidence/economic analysis which is a characteristic of the Rule of Reason approach to the reasons for the emergence of the economic analysis not being explained explicitly and clearly by the commission assembly, regarding the assessment that can be made. carried out by the KPPU regarding the agreement in Article 5 of the UULPM, economic evidence may appear if the requirement to prove the agreement is difficult to find. Legal considerations using the Per se Illegal approach as the sole approach in the KPPU's decision related to price fixing cartels in ensuring legal certainty, this has been in line with what is positively regulated in Article 5 of the UULPM wherein the provision contains the phrase "prohibited" on behavior and the resulting impact. must be wrong or illegal so that it does not need further analysis. Keywords: per se illegal; rule of reason; price fixing cartel
Perbedaan Penerapan Pendekaran Per se Illegal dan Rule of Reason dalam Putusan KPPU tentang Kartel Penetapan Harga Dimas Aryadiputra; Deny Slamet Pribadi; Aryo Subroto
Jurnal Risalah Hukum Vol 18 No 1 (2022): Volume 18, Nomor 1, Juni 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i1.753

Abstract

The emergence of an economic impact analysis in the decision of the price fixing cartel case in Article 5 of the UULPM which should use the approach in that article is Per se Illegal, including Decision No. 08/KPPU-L/2018, Decision No. 04/KPPI-I/2016, Decision No. 32/KPPU-L/2008, Decision No. 26/KPPU-L/2007, and Decision No. 02/KPPU-I/2003 by analyzing the use of a single Per se Illegal approach in the decision of the price fixing cartel case in ensuring legal certainty. The approach in this study uses doctrinal research. From the results of the analysis of the decision related to the price fixing cartel in the consideration of the commission assembly, it has been found in the form of economic evidence/economic analysis which is a characteristic of the Rule of Reason approach to the reasons for the emergence of the economic analysis not being explained explicitly and clearly by the commission assembly, regarding the assessment that can be made. carried out by the KPPU regarding the agreement in Article 5 of the UULPM, economic evidence may appear if the requirement to prove the agreement is difficult to find. Legal considerations using the Per se Illegal approach as the sole approach in the KPPU's decision related to price fixing cartels in ensuring legal certainty, this has been in line with what is positively regulated in Article 5 of the UULPM wherein the provision contains the phrase "prohibited" on behavior and the resulting impact. must be wrong or illegal so that it does not need further analysis. Keywords: per se illegal; rule of reason; price fixing cartel
Pendampingan Pendaftaran Merek Bagi Usaha Mikro Kecil dan Menengah Berbasis Masyarakat Desa Lily Triyana; Aryo Subroto; Sri Susansi; Haris Retno Susmiyati; Rahmawati Al Hidayah; Wiwik Harjanti; Alfian
FLEKSIBEL: Jurnal Pengabdian Masyarakat Vol. 3 No. 2 (2022): Edisi Oktober 2022
Publisher : Fakultas Teknik Universitas Lancang Kuning

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Abstract

Micro, Small and Medium Enterprises (UMKM) activities are an alternative to increase community economic growth, including rural communities. However, with the large potential of UMKM, there are problems that can weaken the rights of UMKM, one of which is trademark registration for products produced by UMKM activities. This condition also occurs in UMKM actors in Separi Village, Tenggarong Seberang District. Therefore, it is necessary to conduct socialization to increase legal understanding for the public on the urgency of trademark registration and assistance to UMKM actors in the process of registering their marks. The method used in this activity is counseling and mentoring which is carried out through three stages, namely mapping the potential of UMKM, delivering law informations, and assisting in trademark registration. The result is an increase in legal understanding for the community and UMKM actors regarding trademark registration, as well as the registration of product brands from 1 (one) UMKM actor in Separi Village. This shows that it is important to carry out an empowerment process by increasing the legal understanding capacity of the community
Kepastian Hukum Kepemilikan Tanah dan Bangunan Bagi Pembeli Perumahan Korpri Griya Mutiara Indah di Penajam Paser Utara Ismi Dayana; Purwanto; Aryo Subroto
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

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Abstract

One of the forms of transfer of regional property is through a grant with the approval of the regent. However, civil servants as recipients of land grants in 2008 and 2014 have not been able to issue them as Certificates of Ownership. This study aims to identify the inhibiting factors for the issuance of Property Rights Certificates, as well as to analyze legal certainty regarding land and building ownership for buyers and to find out the forms of efforts that can be taken by grantees. This study produces and proposes the following findings: First, the inhibiting factors in the issuance of certificates of property rights at the Korpri Griya Mutiara Indah housing estate in North Penajam Paser are the legal substance factor and the legal factor. second, the legal certainty of land and building ownership for the buyer in the form of Building Use Rights on the land of Management Rights which is still a regional asset and the efforts that can be made by the recipient of the land grant for the Korpri Griya Mutiara Indah Housing in North Penajam Paser can be done first. through the Regional Finance and Assets Agency, which then develops regional property in the form of land with management rights, approval from the DPRD is needed so that civil servants can apply for an upgrade to a Certificate of Ownership to the land office of North Penajam Paser Regency.
Co-Authors Alfian Alfian Anak Agung Gede Sugianthara Deny Slamet Pribadi Dimas Aryadiputra Haris Retno Susmiati Ismi Dayana Lily Triyana Purwanto Rahmawati Alhidayah Sri Susansi Wiwik Harjanti