Studi Perbandingan Pengaturan Tentang Pengecualian Industri Pertanian terhadap Berlakunya Hukum Persaingan Usaha

The research is aimed at finding out whether the exemption for agricultural industries in the competition laws in Unites States of America and European Union is fully or partially granted. In addition, the study examines whether the competition law in Indonesia also regulates exemption for agricultural industries. The research method is normative juridical with a legal comparison approach. The result shows that the exemption for agricultural industries in the United States of America mentioned in the antitrust law was regulated by the Congress through Clayton Act 1916 and confirmed in Capper-Volstead Act 1922. In European Union, the exemption is regulated in the Treaty Establishing the European Community. The regulations in the United States and European Union are the same, in which farmers are allowed to establish agricultural cooperatives that aim to meet the needs of its members, such as collective processing, preparation for markets, merchants, and marketing. Although Indonesia does not have a specific law for exemption, several stipulations in Article 50 and 51 of Law No. 5 Year 1999 can be interpreted as exemption for agricultural industries in the competition law

Studi Komparasi terhadap Perlindungan Kepentingan Kreditor dan Debitor dalam Hukum Kepailitan

Initially, the goal of bankruptcy law is the liquidation of debitor’s assets. Later, it becomes the means for reorganization of the company’s debitor, and protects the honest individual debitor by executing discharge. The goal is manifested in Acts Number 37 of 2004 which protects the debtor more as the condition of bankruptcy, however it is not easy to get the bankrupt status in reality. That fact was exploited by using the theory of creditor’s bargain and value-based account. This research used normative juridical method and law comparison. The research found that Indonesian Bankruptcy Acts have not so far protected the creditor, debitor and stakeholders; not based on the philosophy of protecting debitor solve; not differentiating the bankruptcy between individual and company though each goal is different. And the last, it has not introduced the discharge for individual bankruptcy

Perbandingan antara Hukum Kepailitan Islam dengan Hukum Kepailitan Amerika Serikat

Tulisan ini dirasakan penting, karena berdasarkan kajian awal yang pernah dilakukan antara hukum kepailitan Islam dengan Barat, termasuk didalamnya Amerika Serikat terdapat persinggungan yang signifikan. Untuk itu tulisan ini mencoba mencari tahu bagaimana persamaan dan perbedaan antara dua sistem hukum yang berbeda tersebut? Berdasarkan penelusuran literatur dalam kajian ini menunjukkan bahwa lebih banyak persamaan antara hukum kepailitan Islam dan hukum kepailitan Amerika Serikat dibandingkan dengan perbedaannya. Persamaan tersebut sedikitnya terdapat di dalam tujuh hal, yaitu pengertian-pengertian dasar dalam pailit, para pihak yang berhak mengajukan pailit, persyaratan pailit, pernyataan pailit diputuskan oleh Pengadilan, ketidakcakapan debitor setelah adanya putusan pailit, perdamaian, dan pembebasan utang. Sedangkan perbedaannya dapat dilihat dari dua hal, yaitu meninggalnya debitor dapat mempercepat jatuh tempo utang-utang yang dimiliki oleh debitor , dan per ny ataan pailit ter hadap debitor dapat mempengar uhi r enc ana pernikahannya.Keywords: bankruptcy law, similarities, difference

Perlindungan terhadap Kepentingan Kreditor melalui Actio Pauliana

Generally, the procedure to prove the application of actio pauliana is not simple. In addition to this, the application for the settlement of actio pauliana is lack or coordination among the relevant authorities. It is considered therefore that the protection on creditor’s interest through actio pauliana is possible to be enforced. More than this, further regulation on the implementation of the procedure to prove actio pauliana which is implementable is highly demanded

Benturan Kepentingan Transaksi Tertentu di Pasar Modal

To avoid the interest conflict on certain transaction, the major agreement of independent share hoider must be put into in action. The reaiity, many kinds of disobeying on the agreement are found. The law enforcement by Money Market Supervisor as the highest authority in the Money Market has not been maximal and it tends to be unjust to the parties on certain transactional conflict

Batasan Melawan Hukum dalam Perdata dan Pidana pada Kasus Persekongkolan Tender

Resolution of alleged tender conspiracy based on Law no. 5 of 1999 and Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 has resulted in different decisions. This can be seen in the case of the conspiracies of the tender of the sales of two VLCC tankers Hull 1540 and 1541, Indomobil tender on May 30, 2002, procurement of legislative election ink in 2004, and electronic ID card in 2011 until 2012. This normative research analyzed the intercept between violating the existing laws in terms of criminal law and civil law, and the violation of laws both civil and criminal law in the case of tender conspiracy. The study concluded that, first, the shift in understanding about the unlawful nature (wederrechtelijk) occurs in criminal law, not only based on the criminal law (onwetmatige) but also involves the criteria of violating civil law (onrechmatige), which includes the violation of propriety in community. This is used in criminal law to interpret law violation in a material sense. Nevertheless, there are still different opinions among criminal law experts whether the nature of material law violation only has negative function or has positive function as well. Second, the violation of law that is generally defined in civil law and known in criminal law as a crime in material sense, can be limited by interpretation to determine forbidden acts known as schutznormtheorie or doctrine of relativity. Along with the understanding of law enforcement personnel and jurisprudence, it can be said that the barriers of law violation in criminal law and civil law have gone when the tender conspiracy case already violates the sense of justice in society

Klausula Pembatasan dan Pengalihan Tanggung Jawab Pialang Berjangka dalam Kontrak Baku Pemberian Amanat secara Elektronik On-Line

The core problems in this study include first, why the clause of liability limitation is regulated in the Regulation of Bappeti Head No. 107/BAPPEBTI/PER/11/2013 which should provide protection to the parties as the futures trading actors? Second, is the standard contract in the attachment of Regulation of Bappebti Chief No. 107/BAPPEBTI/PER/11/2013 is a binding contract for the traders in the Commodity Futures Trading? This is a normative legal research and its results showed first, the attachment of Regulation of Bappeti Head No. 172/BAPPEBTI/PER/11/2013 is a form of government intervention into the contractual relationship, containing the clause of the liability limitation of one of the parties namely Broker. This regulation gives injustice for investors. Second, this contract should be null and the mechanism of its cancelation is through judicial review to the Supreme Court

ANALISIS PERSEPSI PENGGUNA LAYANAN TRANSPORTASI LRT KOTA PALEMBANG

LRT is a mass transportation mode for light rail that is expected to make the transfer of personal use to mass transportation users to reduce traffic congestion specifically in the city of Palembang. Services and facilities will be one of the supporters in the use of mass transportation. This study aims to analyze the characteristics of LRT users and the level of satisfaction of LRT passengers and to group parameters into 4  quadrants. The sampling technique used by researchers is accidental sampling. Data processing and analysis with Validity Test, Reliability Test, Satisfaction, IPA. The results showed an analysis of the level of satisfaction of the passengers were quite satisfied, with an average level of satisfaction and importance based on Service Quality on physical factors: 4,287 and 4,743, reliability factors: 4,096 and 4,678, responsiveness factors: 4,18 and 4,60, Guarantee factors and empathy factors: 4,400 and 4,860. Priority grouping into 4 quadrants, quadrant I Security officer, quadrant II cleanliness, comfort of seating in the LRT, ease of ups and downs of LRT for persons with disabilities and the availability of facilities for the disabled and facilities for breastfeeding mothers, Quadrant Analysis III LRT waiting time, availability of relevant information with the Arrival and Departure Schedule, how the speed of employees in responding complaints LRT customer problems and how the hospitality and courtesy of officers in serving LRT customers, Quadrant IV how easy access to the LRT station, how accurate the LRT schedule is and how the LRT rates are charged. Keywords: Mode of Transportation, LRT, Services, Palembang.