NOMMENSEN JOURNAL OF BUSINESS LAW

Dugaan Praktek Predatory Pricing dalam Electronic Commerce Di Indonesia

Maher Syalal Hasybas Simanjuntak, Debora — Wed, 30 Nov 2022 00:00:00 +0000

This study aims to determine the flash sale program offered by business actors in e-commerce can be categorized as a Predatory Pricing Practice according to Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, and also to determine the Supervision of the Business Competition Supervisory Commission ( KPPU) against Business Actor in e-commerce. The type of research used by the author is empirical legal research. It can be said that legal research is taken from the facts that exist in a society, legal entity or government institution. The flash sale program carried out by the e-commerce platform does not fulfill the elements of predatory pricing. Business actors can only be categorized as implementing predatory pricing which is prohibited if the sale and loss is carried out within a certain period of time, then increases the price significantly in the next period of time. Then if we look at Article 20 of Law Number 5 of 1999, there is an element of "with intent" which is the intention of the business actor (mens rea) trying to kill his competitors. The intention must be proven whether the flash sale is an intention to kill its competitors or is purely a strategy from the business actor to attract the attention of consumers. To examine the alleged Predatory Pricing, KPPU uses the rule of reason approach. The rule of reason approach is an approach used by KPPU to evaluate the consequences of certain agreements or business activities. The rule of reason approach is used to prove the flash sale program as a predatory pricing practice that causes unfair business competition.

Perlindungan Hukum Terhadap Pelaku Usaha Akibat Terjadinya Hit And Run Yang Dilakukan Oleh Konsumen Dalam Sistem Pre – Order Jual Beli Perabotan Custom

Grace Victoria Adelina Simanungkalit, Debora — Wed, 30 Nov 2022 00:00:00 +0000

The sale and purchase agreement is an agreement in which there is an agreement by both parties and the subjects who enter into the agreement have rights and obligations between one another. With advances in technology, buying and selling can be done anywhere by means of online buying and selling transactions, also known as e-commerce, protection of consumers in buying and selling transactions is very necessary but lately there is also often behavior in bad faith by consumers such as placing an order but canceling without explanation, this is often referred to as Hit and Run.This certainly results in losses experienced by business actors. The purpose of this research is to find out and understand the legal protection for business actors and the basis for lawsuits by business actors against consumers related to default by consumers by Hit and Run. The method used in this research is normative by conducting a literature study of the applicable laws and regulations. From this research, it can be concluded what legal protection for business actors is in accordance with their rights in law Article 6 of Law Number 8 of 1999 concerning Consumer Protection and which is the basis for lawsuits by business actors against consumers.

Kontribusi Pajak Reklame Dalam Menunjang Pendapatan Asli Daerah Kota Medan

Imanuel Simbolon, Janpatar Simamora, Martono Anggusti — Wed, 30 Nov 2022 00:00:00 +0000

Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, was formed to regulate regional taxes and regional levies and Medan City Regional Regulation Number 11 of 2011 concerning Advertising Taxes which was voiced aimed at regulating and managing advertising taxes. Through these two regulations, the Medan City Investment and One-Stop Integrated Services Office and the Medan City Regional Tax and Levy Management Service have duties and authorities given by the government to manage regional taxes and regional levies, especially in managing advertising taxes. Which aims to achieve the targets set by the government in terms of advertising taxes so that they can contribute to supporting local revenues. The author conducts research in an empirical normative manner with primary legal materials, secondary legal materials and tertiary legal materials. To obtain such data, the authors conducted a document or literature study technique and interviews. The results showed that in collecting taxes, billboards still get obstacles such as the lack of officers in terms of tax collection and licensing, the lack of taxpayer awareness of the importance of paying taxes and the lack of socialization that officers do to taxpayers.

Perlindungan Hukum Bagi Investor Reksa Dana Online Dalam Aplikasi Bibit

Sonya Mannaria Septiani Sidabutar, Lesson Sihotang, Debora — Wed, 30 Nov 2022 00:00:00 +0000

With the development of information technology and the internet, online investment is starting to become the main priority in society. Online investment is a digital investment activity that uses internet technology. This investment model is increasingly favored by investors because of the online trading capabilities offered by investment companies and brokers. One of the investment instruments that is used as an investor's choice is mutual funds. An example of an investment application that sells mutual funds online is Bibit. The type of research used in this research is normative legal research. Normative legal research is a process to find a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results showed that the form of legal protection provided was in the form of preventive and repressive protection. The UUPM explains that the disclosure of information to the public is in the form of periodic reports. Through the Financial Services Authority Regulation Number 6/POJK.07/2022 concerning Consumer and Community Protection in the financial services sector, it is emphasized that financial services business actors together with consumers get legal protection certainty, so that in carrying out various financial service transactions it can be ensured that both parties get rights and legal guarantees and is able to strengthen the digital transaction network at this time. Mutual fund investment in the Bibit application is one of the investments with low risk. Mutual funds in the Bibit application were developed by PT. Bibit Tumbuh Bersama which was established in 2019 and mutual funds in the Bibit application offer investments with a very small nominal of Rp. 10,000.

Perlindungan Hukum Terhadap Konsumen Dalam Pelaksanaan Kontrak Elektronik Ditinjau Dari Peraturan Perundang Undangan

Diky Wahudy Sihombing, Martono Anggusti, Lesson Sihotang — Wed, 30 Nov 2022 00:00:00 +0000

Electronic buying and selling transactions are a form of the above provisions and this electronic transaction process also has a high risk, one of which is the occurrence of fraud. So in this case the author will discuss aspects of electronic law and its protection. In online buying and selling transactions, the two parties who bind themselves to each other carry out legal actions created from an agreement or contract where the agreement or contract is made electronically. This provision is in accordance with the rules of Law Number 19 of 2016 article 1 number 17 regarding Electronic Information and Transactions, which states that: "electronic contracts are agreements contained in electronic documents or other electronic media".
The method used in collecting data in this paper is (library research), namely library materials related to the titles and literatures of magazines, journals, papers, media, internet and also other information media related to the formulation of the problem in this study. .
There is an agreement as contained in 1320 of the Civil Code, the existence of a law as contained in Law No. 19 of 2016 amendments to Law No. 11 of 2008 concerning Information and Electronic transactions which regulates the cause and effect of Fraud in Electronic Transactions and Authority Regulations Financial Services About Electronic Payments 13 /POJK.02/2018 concerning Digital Financial Innovation in the Financial Services Sector. The above provisions must be accounted for in accordance with the actions and regulations that supervise them.
Protection for consumers of electronic transactions is also contained in Law Number 19 of 2016 amendments to Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE), namely article 5 paragraph (1) which reads electronic information and/or electronic documents and/or results the print is a valid legal evidence. Article 18 paragraph (1) electronic transactions that are poured into electronic contracts are binding on the parties. Article 28 paragraph (1) which reads that everyone intentionally and without rights spreads false and misleading news that results in consumer losses in electronic transactions. The regulation also regulates litigation and non-litigation settlement, in court and out of court, in court by filing civil and non-litigation lawsuits using Arbitration for dispute resolution on the basis of Law No. 30 of 1999.

Perlindungan Hukum Terhadap Hak Cipta Terhadap Program Software Komputer Di Indonesia Menurut Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta

Niko Martin Simalango, Janpatar Simamora, Leson Sihotang — Wed, 30 Nov 2022 00:00:00 +0000

Legal protection for creators or copyright holders is divided into 2 types of protection, namely First, preventive legal protection is a form of protection given to creators or copyright holders before a case against a copyrighted work occurs. Preventive legal protection can be carried out by way of copyright registration and copyright licensing. Licenses are included in preventive protection because they can be used as an alternative to prevent copyright infringement, with the thought that with a license/permit there is no possibility of copyright infringement. . Second, repressive legal protection is a type of protection given to creators or copyright holders who have exclusive rights to computer programs if their economic rights or moral rights are violated by others. Repressive protection can be taken by way of a civil lawsuit and criminal prosecution.
Legal settlements that can be taken for cases of piracy of computer programs according to Law no. 28 of 2014 concerning Copyright is through two legal instruments, namely the means of criminal law and civil law. Claims for compensation are submitted to the Commercial Court in ways such as an injunction which is intended to prevent greater losses to the party whose rights have been violated.

Keywords: Legal Protection, Legal Protection, Law Number 28 of 2014 concerning Copyright

KET:
* Advisor I
** Advisor II
*** Writer

Pemberlakuan Pemberian Jaminan Kredit Permodalan Bagi UMKM Ditinjau Dari PP Nomor 23 Tahun 2020 Tentang Program Pemulihan Ekonomi Nasional Untuk Penanganan Pandemi Covid-19

Niko Riswanto Tampubolon, Roida Nababan, Lesson Sihotang — Wed, 30 Nov 2022 00:00:00 +0000

Micro, Small and Medium Enterprises (MSMEs) so far have shown a strategic role in expanding employment opportunities, increasing people's incomes, and economic growth in Indonesia, so their development needs to be supported. To support this achievement, it is necessary to encourage the provision of capital credit for MSMEs to increase. Therefore, it must be regulated how the Micro, Small and Medium Business Credit Provision Mechanism regulates the procedure for calculating and monitoring the achievement of MSME Credit or Financing, while also implementing the 5C and 7P in the MSME loan application mechanism.

Barriers to the Implementation of Providing Capital Credit Guarantees for Micro, Small and Medium Enterprises in terms of PP No. 23 of 2020 are the low education of Indonesian citizens and information that is not accessible to all levels of society. Counseling by the government is not comprehensive due to several factors, one of which is the Large-Scale Social Restrictions set by the government to prevent the spread of the Covid-19 Virus.

Peran Komisi Pengawas Persaingan Usaha (KPPU) Dalam Menindak Persaingan Usaha Yang Tidak Sehat Dalam Bisnis Ritel (Studi Kasus Indomaret Jalan Kuala Namu)

Murni Tomi Sianturi, Roida Nababan , Lesson Sihotang — Wed, 30 Nov 2022 00:00:00 +0000

The scope of this writing aims to limit which problems are discussed in this thesis research. The scope of this paper is to take the role of KPPU in the retail business and what are the inhibiting factors for KPPU in the retail business. The method used in this research is the Field research (interview) method or through direct field interviews with interviews at Indomaret Jalan Kualanamu, Deli serdang, while direct interviews in the field to find out what problems often occur in the field directly from trusted sources and which are research methods, especially in the retail business scope, Indomaret Field Study, Jalan Kuala Namu and library research methods (library), namely by looking at books. -books, analyzing books, relevant laws and regulations, namely Regulations relating to Unfair Business Competition under the Business Competition Supervisory Commission (KPPU) as regulated in Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Business Competition Unhealthy and PERPRES No. 112 of 2007 concerning the Arrangement and Development of Traditional Markets, Shopping Centers and Modern Stores as well as library materials related to magazine literature, mass media, internet and other information media related to the formulation of problems in this research. The Role of KPPU in Taking Action Unfair Business Competition in Retail Business is regulated in Law No. 5 of 1999 which is in articles 35 and 36. The role of KPPU in unfair business competition must be active, not passive and not only waiting for reports from people or entrepreneurs but must go down directly among the people. The inhibiting factor for KPPU in taking action against unfair business competition in the retail business must have KPPU's participation in the Management of Business Permits and the KPPU's Decision must be final (final).

Perlindungan Hukum Terhadap Konsumen PT Ovo Finance Indonesia Setelah Izin Usaha Dicabut Oleh Otoritas Jasa Keuangan

Arta Dian Sopinta Maruao Arta Maruao, Lesson Sihotang, Debora — Wed, 30 Nov 2022 00:00:00 +0000

A finance company is a company that provides goods or capital needed by the community through cooperation with companies that provide goods referred to by a gradual payment mechanism. Therefore, finance companies have a great responsibility for the fulfillment of consumer rights when entering into agreements, for example in the use of consumers' personal data and information. PT Ovo Finance Indonesia, which is a finance company that has been revoked its business license by the Otoritas Jasa Keuangan in October 2021. This business license revocation event brought a serious polemic to the legal protection of the rights and obligations of its consumers. In an effort to provide legal protection, it will be divided into two types, namely preventive legal protection and repressive legal protection. In this study, we will discuss and understand the scope of the condition of the company PT Ovo Finance Indonesia after its business license is revoked by the Otoritas Jasa Keuangan and how to legally protect the rights and obligations of its consumers. Therefore, to answer this formulation, researchers conduct research using normative legal methods and descriptive qualitative. Researchers will trace and review laws regulations to then be able provide an overview of the subject matter that occurs.

Perlindungan Hukum Terhadap Tenaga Kerja Asing Dalam Implementasi Transfer Of Knowledge Terhadap Tenaga Kerja Indonesia

Beldendi Gratia Asima Siagian, Martono Anggusti, Debora — Wed, 30 Nov 2022 00:00:00 +0000

The ASEAN Economic Community 2025 has been officially endorsed by the heads of ASEAN member governments at the 27th ASEAN Summit in Kuala Lumpur, Malaysia. The WTO (World Trade Organization) is an international body that regulates trade around the world. Indonesia and Japan have both ratified the provisions of the WTO. one of the provisions of the GATS is the "opening of market access" to trade in services from other WTO member countries. As a consequence, Indonesia had to open its market to trade in services from other WTO member countries. The interesting thing is about the regulation of Foreign Workers in Indonesia which specifically discusses the legal protection of Foreign Workers implementing the Transfer of knowledge for Indonesian Workers, and the Differences and Similarities of Foreign Labor Arrangements in Indonesia and Japan. The method used in writing this thesis is normative and empirical legal research. Normative legal research by researching library materials is accompanied by collecting data that is feasible to support the writing and research of Empirical Law, namely taking an example of a Company to be researched by interviewing one of the staff who work and are experienced in the field. The data analysis used is a qualitative method, namely by collecting and processing relevant primary, secondary, and tertiary legal materials so that they can answer the problems that have been prepared. The legal basis for regulating the use of Foreign Workers in Indonesia is Law No.13 of 2003 concerning Manpower, Law No.11 of 2020 concerning Job Creation and Government Regulation No.34 of 2021 concerning the Use of Foreign Workers. The Legal Basis for Regulating the Use of Foreign Workers in Japan is the Labor Standards Law.

Peran Otoritas Jasa Keuangan Dalam Penyelesaian Gagal Bayar Pinjaman Online

Aris Roistar Sagala, Martono Anggusti, Debora — Wed, 30 Nov 2022 00:00:00 +0000

This study aims to find out what is the role of the Financial Services Authority in legal protection for unsecured online loan holders who default and, how to regulate legal remedies in the settlement of disputes of unsecured online lenders who default. The type of research used is normative research based on primary legal materials and secondary legal materials, namely an inventory of regulations and writing materials related to the Role of the Financial Services Authority in legal protection for defaulting unsecured online lenders and regulating their legal remedies. The role of the Financial Services Authority (OJK) in legal protection for defaulting unsecured online lender that fail to pay is as a regulator / regulator and as a supervisor. As a regulator/ regulator, OJK plays a role in issuing several written regulations including; POJK NO 77/POJK.01/2016, POJK No 18/POJK.07/2018, POJK No 6/POJK.07/2022. As a supervisor, OJK plays a role in supervising implementation based on existing regulations. There are two legal protections provided by the OJK for sharpeners, namely first supervision in the form of preventive legal protection, namely through adequate education, openness and transparency of information, fair treatment of implementing asset protection, supervising consumer protection units and submitting a list of legal platforms through the OJK portal, the second supervision is in the form of repressive legal protection, namely after a default, namely the OJK plays a role in helping collection through third parties, namely mediators, restructuring and reporting complaints to the OJK related to defaults for efforts to resolve disputes. The regulation of legal remedies for dispute resolution of online lenders without collateral that defaults is regulated in POJK No.6/POJK.07/2018 which can be reached through financial service institutions, then can be reached through court institutions and outside the court, namely the Dispute Resolution Arbitration Institution (LAPS).