13 research outputs found
PERAN BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) KOTA YOGYAKARTA DALAM MEWUJUDKAN PERLINDUNGAN HUKUM BAGI KONSUMEN BERDASARKAN UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
This study aims to determine the implementation the role of Consumer Dispute
Settlement Agency (BPSK) in Yogyakarta in realization of consumer protection in
charge as represented by the act No.8 of 1999 on consumer protection and to know
the binding power of the ruling issued by the Consumer Dispute Settlement Agency
(BPSK) in Yogyakarta on the disputing parties.
The research method use is based on library research and field research. The
research literature based on research through primary legal material, secondary, and
tertiary, while for field research use interview conducted with the consumer dispute
settlement board secretariat and chairman of Yogyakarta consumers foundation
(YLK) of Yogyakarta city. File have collected both library research and field research
furthermore analysis in a descriptive qualitative manner.
The results showed that the consumer dispute settlement agency (BPSK) of
Yogyakarta city have been able to play its role with maximum as required by law.
Except its role as controller institution and complaint institution. Execution of BPSK
Yogyakarta�s decision there of conciliation and mediation depend on the willingness
by entrepreneur, but arbitrasion decision have to ask for to the district court which of
course requires a fee but BPSK do not have funds so that BPSK never asked for the
execution. This of caused the decision of Yogyakarta BPSK does not has power to
binding to the parties, so therefore UUPK gives the parties an opportunity to file an
objection to a district court. Legal objection can also be requested an appeal in the
supreme court, it makes the checkout process longer, so that the essence of event is
rapid settlement is not reached
ANALISIS HUKUM TENTANG PERJANJIAN JUAL BELI HAK ATAS TANAH YANG MENGANDUNG UNSUR KUASA MUTLAK
A research entitled \"Legal Analysis on Buy-and-Sell Agreement of
Title Deeds with Absolute Authority\" addresses the issue of legal
consequences of a buyand-sell agreement of title deeds with absolute
authority.
The research has been carried out by collecting required data
through library research to obtain primary, secondary, and tertiary legal
materials, and through field research, i.e. interview with resource persons
(notaries).
The results of research and interview with resource persons show
that buyand-sell agreement of title deeds with absolute authority brings
about the following legal consequences: on the agreement, it is' legal and
its existence is acknowledged in any notarial practices as long as it does
not offend the law, public order, and moral aormslvalue
TRANSAKSI DERIVATIV VALUTA ASING DALAM TINJAUAN HUKUM PERJANJIAN DI INDONESIA
Derivative transaction is developing vastly in money market and especially
in foreign currency purchasing market. That condition happens generally because
of the fluctuation of currency values. This research is mainly trying to figure out
some explanations on derivative transaction specifically from Indonesian contract
law perspective and is also trying to find out about the arrangement of this
instrument according to Indonesian banking law.
The research model used in this thesis is a normative-analytical model.
The process starts with analyzing a bunch of laws or regulations related to the
main proablems of this research, namely, derivative transaction and contract law.
This phase is aimed to find some explanations whether a derivative transaction
meets the conditions of contractual validity as mentioned in Indonesian Civil
Code (BW) and also to figure out about the derivative transaction arrangement in
Indonesian banking law.
From the perspective of contract law, derivative transaction will be
considered to be valid when it has complied with the contractual conditions based
on article 1320 BW, which consists of meeting of minds, legal capacities among
the contracting parties, certain matter, and rightful reason or permitted by law. In
addition, derivative transaction is not similar with a speculative agreement.
Derivative transaction is absolutely a legal banking product, because there
is a complete set of regulations for such product in Indonesian banking law
system
AKUISISI P.T CARREFOUR INDONESIA TERHADAP P.T ALFARETAILINDO DITINJAU DARI UNDANG-UNDANG NO 5 TAHUN 1999 TENTANG LARANGAN PRATEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT
Acquisition is an expropriation act of a corporate by other company to develop the
corporate business. Acquisition which was carried out by Indonesian Carrefour Inc. Ltd toward
Alfa Retailindo Inc. Ltd assessed by KPPU (Komisi Pengawas Persaingan Usaha= the Business
Competition Controller Commission) as a monopoly deed and morbidity business competition.
For the KPPU decision, Indonesian Carrefour Inc. Ltd brought an objection to the South Jakarta
district court, and the adjudication of South Jakarta district court cleaned the accusation of
Indonesian Carrefour Inc. Ltd of KPPU.
In this case, the main issue is whether acquisition carried out by Indonesian Carrefour
Inc. Ltd contrary to UU No. 5 year 1999 about exclusion of Monopoly practice and morbidity
business rivalry, and whether adjudication of South Jakarta district court have appropriated to
accepted acts, and what acquisition effect for business world in Indonesia.
After researching and understanding KPPU investigation on its adjudication, the
acquisition carried out by Indonesian Carrefour Inc. Ltd toward Alfa Retailindo Inc. Ltd was
break the UU No. 5 year 1999, pasal 17, ayat (1) and pasal 25, looking at the adjudication of this
case, can be concluded that the judge was not objective in assessing this case and the
adjudication was not correct. The acquisition was carried out by Indonesian Carrefour Inc. Ltd
also have negative effect for Carrefour counter�s supplier where the Trading term ever increasing
and the supplier is significantly damaged
ANALISIS YURIDIS PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA (KPPU) PERKARA NOMOR 05/KPPU-L/2010 DITINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT
The desire to have antitrust laws in Indonesia has for years been the talk of the
public, members of the legislature (parliament) and political parties. Over the years,
the government of Soeharto, initiatives, ideas, or will have been blocked by the
regime at that time due to conflict with the interests of Soeharto's cronies. Finally, an
antimonopoly law and competition has been approved and enacted by Parliament
since March 5, 1999.
This study aims to analyze the Business Competition Supervisory
Commission Decision (KPPU) Case Number 05/KPPU-L/2010 about the conspiracy
and discrimination. Conspiracies are growing very fast and diverse. Tender
conspiracy is one of them and it causes monopoly and unfair business competition.
The case of conspiracy set forth in Article 22 Antimonopoly Law.
Discrimination is also the cause of monopoly and unfair business competition,
which is set forth in Article 19 letter d Antimonopoly Act. Facts show that the
procurement of goods / services tinged effort unhealthy behaviors. Conspiracy and
discrimination are a form of monopoly and unfair competition behaviors by the
business actors