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PERLINDUNGAN KONSUMEN PERUMAHAN DALAM JUAL BELI RUMAH DENGAN SISTEM PRE PROJECT SELLING Jhon Haward Hutagaol; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Developers make more sales using the pre-project selling system, in which developers start selling before the project is built, where the properties being sold are still new in the form of images or concepts, but in the course of transactions with the system, many consumer rights are violated by business actors. Based on this, the author discusses the problem of consumer rights being violated and efforts to restore Darwin's consumer rights based on Supreme Court Decision Number 653 K/Pdt.Sus-BPSK/2021. This article uses normative research, using secondary, primary legal, and tertiary legal materials. The author concludes that there is a discrepancy in the transaction between Darwin and PT Buana Cipta Propertindo, thereby violating consumer rights as stated in Law number 8 of 1999 concerning Consumer Protection and laws and regulations in the housing sector. The author also considers that the Supreme Court Decision which annulled BPSK and Batam District Court decisions does not support efforts to restore consumer rights and does not accommodate the Consumer Protection Act because BPSK should have the ability and authority to examine the dispute between Darwin and PT Buana Cipta Propertindo based on an agreement.

PRAKTIK DISKRIMINASI PT GARUDA INDONESIA (PERSERO) TERKAIT PROGRAM WHOLESALER Alfiyyah Inayah Taqyuddin; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In March, PT Garuda Indonesia (Persero) issued GA Info which appointed six wholesalers in the distribution of direct sales of Jeddah - Medina umrah tickets and resulted in market barriers for 301 PPIUs to gain access to Garuda Indonesia tickets. The formulation of the problem is; how is the activity or behavior of PT Garuda Indonesia (Persero) in carrying out discriminatory practices resulting in losses to other business actors based on Article 19 letter d of Law Number 5 Year 1999? and whether the considerations of the KPPU Panel in deciding case Number 06/KPPU-L/2020 are in accordance with Law No. 5/1999 and applicable laws and regulations in the field of competition law? Research method is normative, descriptive in nature using secondary data obtained through literature studies and interviews. The data is qualitatively with deductive inference. The results of the research, discussion and conclusions of the author are; that Garuda Indonesia's activities in carrying out discriminatory practices are by appointing six wholesalers, resulting in 301 wholesalers not being able to access airplane tickets directly through Garuda Indonesia and the consideration the KPPU Panel in deciding case Number 06/KPPU-L/2020 is in accordance with Law No. 5/1999 and regulations in field competition law.

PENGAMBILALIHAN SAHAM PERUSAHAAN MENURUT UU ANTIMONOPOLI (PERBANDINGAN HUKUM INDONESIA DENGAN KOREA SELATAN) Nadya Angelina; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Competition law regulates the obligation to report the acquisition of company shares with certain requirements. However, each country regulates the reporting requirements with a different system, as well as Indonesia and South Korea. The problem formulation is how the regulation of the submission of share takeover reports according to Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and the Monopoly Regulation and Fair Trade Act in South Korea, as well as differences in the application of reporting delays in takeovers in Indonesia and South Korea. Normative juridical research method using secondary data, analyzed using qualitative methods with deductive inference. The results of research, discussion and conclusion that the submission of a share takeover report in Indonesia is regulated in Article 29 of the Antimonopoly Law jo. Article 5 of Government Regulation No. 57 of 2010 and South Korea in Article 12 of the MRFTA. Both countries use a post notification reporting system, but South Korea stipulates mandatory pre-notification with certain limitations. The sanction for late reporting in South Korea is relatively smaller, which is ₩100,000,000.00, while the late fine in Indonesia is calculated daily up to a maximum of Rp 25,000,000,000.

TANGGUNG JAWAB MERCHANT SHOPEE DALAM TRANSAKSI COD MENURUT HUKUM PERLINDUNGAN KONSUMEN Stella Trixie Jane; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

One of the fast-growing e-commerce sites in Indonesia is Shopee. Shopee provides a Cash on Delivery (COD) payment method. The application of COD in fact gets a lot of public attention, because many consumers vent their anger at the courier because the goods sent do not match the order. The formulation of this problem is How are the legal consequences of business actors in Shopee application-based buying and selling transactions through Cash on Delivery (COD) for goods sent that are not in accordance with orders according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? And how is the responsibility of business actors in buying and selling transactions based on the Shopee application through Cash on Delivery (COD) for goods that are sent not in accordance with the order according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? Normative research method, analyzed using qualitative methods with deductive inference. The results of the research, discussion and conclusion, that the legal consequences of the Shopee application-based buying and selling transaction through COD, the business actor provides compensation and consumers can make complaints, and the responsibility of the business actor is contractual responsibility.

POTENSI PENGGUNAAN LENIENCY PROGRAM DALAM PERKARA KARTEL INDONESIA: STUDI PERBANDINGAN LENIENCY JEPANG M Faqih Surbakti; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15419

The leniency program is a pardon mechanism that allows cartel members to complain to the business competition authorities about cartel operations and receive partial or whole exemption from the penalties and/or fines that should be imposed. In Japan, the Leniency Program is in use. This article's formulation of the problem is how to create a leniency program in Japan based on the Antimonopoly Act and what are the chances of doing so to expose cartels in Indonesia's competition law system. This article offers a normative legal analysis of Indonesia's prospective use of leniency schemes in cartel proceedings. The research is descriptive-analytical in character, and data collecting through literature reviews and interviews, whereas data processing is qualitative. The findings of the research and debate indicate that it is highly likely that Indonesia will implement the leniency program by enacting the bill as the new Business Competition Law. The research's finding is that the leniency program is likely to be implemented in Indonesia by passing the bill as the country's new Business Competition Law because it is comprehensively implemented in Japan, from reporting procedures to sentencing reductions. It is suggested that Law No. 5/1999, whose provisions include a leniency program system, be amended, and that the KPPU then work with the LPSK to offer protection for reporters in the leniency program system.

- Perbandingan Penerapan Predatory Pricing Menurut Hukum Persaingan Usaha Indonesia dan Amerika Serikat: - Farhandi Himawan; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16483

Entrepreneurs engage in the practice of "selling and loss" in order to eliminate their rivals. Each nation has its own laws governing the proscription of selling at a loss. The formulation of the issue is the parallels and discrepancies between Indonesian and American laws governing sales and losses, business competition, and the application of the ban on predatory pricing based on KPPU-P Decision No. 03/KPPU-L/2020 and Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. Legal normative approach opposed to legal comparison between Indonesian and American law. utilizing secondary qualitative data and inference. The findings of the study and discussion show that it is governed in Indonesia by Article 20 of Law No. 5/1999, while In the United States, agreements including predatory pricing are prohibited by Section 2 of the Sherman Act and Section 2(a) of the Clayton Antitrust Act. In terms of the business competition authorities in Indonesia and the United States, KPPU, DOJ, and FTC are autonomous Indonesian organizations. Only one authority in Indonesia, namely KPPU, is in charge of business competition matters, although DOJ and FTC are present in the United States. In conclusion, Indonesia and the United States are required to take into account economic theories.

PERLINDUNGAN KONSUMEN PERUMAHAN DALAM JUAL BELI RUMAH DENGAN SISTEM PRE PROJECT SELLING Jhon Haward Hutagaol; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13611

Developers make more sales using the pre-project selling system, in which developers start selling before the project is built, where the properties being sold are still new in the form of images or concepts, but in the course of transactions with the system, many consumer rights are violated by business actors. Based on this, the author discusses the problem of consumer rights being violated and efforts to restore Darwin's consumer rights based on Supreme Court Decision Number 653 K/Pdt.Sus-BPSK/2021. This article uses normative research, using secondary, primary legal, and tertiary legal materials. The author concludes that there is a discrepancy in the transaction between Darwin and PT Buana Cipta Propertindo, thereby violating consumer rights as stated in Law number 8 of 1999 concerning Consumer Protection and laws and regulations in the housing sector. The author also considers that the Supreme Court Decision which annulled BPSK and Batam District Court decisions does not support efforts to restore consumer rights and does not accommodate the Consumer Protection Act because BPSK should have the ability and authority to examine the dispute between Darwin and PT Buana Cipta Propertindo based on an agreement.

PRAKTIK DISKRIMINASI PT GARUDA INDONESIA (PERSERO) TERKAIT PROGRAM WHOLESALER Alfiyyah Inayah Taqyuddin; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13821

In March, PT Garuda Indonesia (Persero) issued GA Info which appointed six wholesalers in the distribution of direct sales of Jeddah - Medina umrah tickets and resulted in market barriers for 301 PPIUs to gain access to Garuda Indonesia tickets. The formulation of the problem is; how is the activity or behavior of PT Garuda Indonesia (Persero) in carrying out discriminatory practices resulting in losses to other business actors based on Article 19 letter d of Law Number 5 Year 1999? and whether the considerations of the KPPU Panel in deciding case Number 06/KPPU-L/2020 are in accordance with Law No. 5/1999 and applicable laws and regulations in the field of competition law? Research method is normative, descriptive in nature using secondary data obtained through literature studies and interviews. The data is qualitatively with deductive inference. The results of the research, discussion and conclusions of the author are; that Garuda Indonesia's activities in carrying out discriminatory practices are by appointing six wholesalers, resulting in 301 wholesalers not being able to access airplane tickets directly through Garuda Indonesia and the consideration the KPPU Panel in deciding case Number 06/KPPU-L/2020 is in accordance with Law No. 5/1999 and regulations in field competition law.

PENGAMBILALIHAN SAHAM PERUSAHAAN MENURUT UU ANTIMONOPOLI (PERBANDINGAN HUKUM INDONESIA DENGAN KOREA SELATAN) Nadya Angelina; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13829

Competition law regulates the obligation to report the acquisition of company shares with certain requirements. However, each country regulates the reporting requirements with a different system, as well as Indonesia and South Korea. The problem formulation is how the regulation of the submission of share takeover reports according to Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and the Monopoly Regulation and Fair Trade Act in South Korea, as well as differences in the application of reporting delays in takeovers in Indonesia and South Korea. Normative juridical research method using secondary data, analyzed using qualitative methods with deductive inference. The results of research, discussion and conclusion that the submission of a share takeover report in Indonesia is regulated in Article 29 of the Antimonopoly Law jo. Article 5 of Government Regulation No. 57 of 2010 and South Korea in Article 12 of the MRFTA. Both countries use a post notification reporting system, but South Korea stipulates mandatory pre-notification with certain limitations. The sanction for late reporting in South Korea is relatively smaller, which is ₩100,000,000.00, while the late fine in Indonesia is calculated daily up to a maximum of Rp 25,000,000,000.

TANGGUNG JAWAB MERCHANT SHOPEE DALAM TRANSAKSI COD MENURUT HUKUM PERLINDUNGAN KONSUMEN Stella Trixie Jane; Anna Maria Tri Anggraini
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13840

One of the fast-growing e-commerce sites in Indonesia is Shopee. Shopee provides a Cash on Delivery (COD) payment method. The application of COD in fact gets a lot of public attention, because many consumers vent their anger at the courier because the goods sent do not match the order. The formulation of this problem is How are the legal consequences of business actors in Shopee application-based buying and selling transactions through Cash on Delivery (COD) for goods sent that are not in accordance with orders according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? And how is the responsibility of business actors in buying and selling transactions based on the Shopee application through Cash on Delivery (COD) for goods that are sent not in accordance with the order according to Law Number 8 of 1999 concerning Consumer Protection and related regulations? Normative research method, analyzed using qualitative methods with deductive inference. The results of the research, discussion and conclusion, that the legal consequences of the Shopee application-based buying and selling transaction through COD, the business actor provides compensation and consumers can make complaints, and the responsibility of the business actor is contractual responsibility.

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