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

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    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

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    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

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    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

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    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

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    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
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