{"title":"Implementation of Business Competition Violation Norms in the Decision of the Business Competition Supervision Commission","authors":"Arifin Ma’ruf, W. Setiyawan, Widiatama Widiatama","doi":"10.20961/JMAIL.V1I2.47127","DOIUrl":"https://doi.org/10.20961/JMAIL.V1I2.47127","url":null,"abstract":"<table width=\"680\" border=\"1\" cellspacing=\"0\" cellpadding=\"0\" align=\"left\"><tbody><tr><td valign=\"top\" width=\"487\"><p><strong>This paper analyzes the application of norms concerning violations of business competition in KPPU decisions. The case study in this paper is in the case of violations of business competition conducted by PT Forisa Nusapersada in Case Decision Number 14/KPPU-L/2015. As a comparison, this study also compares the application of norms in cases that are almost similar, namely the Decision of the Case KPPU Number 14/ KPPU-L/ 2015 with the Decision of the Case KPPU Number: 06/KPPU-L/2004. The results of the research show that in addition to Article 19 and Article 25 above, KPPU should also apply Article 52 paragraph (2) letter a and Article 15 paragraph (3) of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition in the case of PT Forisa Nusapersada.</strong><strong></strong></p><p><strong> </strong></p></td></tr></tbody></table>","PeriodicalId":118998,"journal":{"name":"Journal of Morality and Legal Culture","volume":"1992 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128605142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Juridical Analysis of the Amendment of Law of the Corruption Eradication Commission in Eradicating Corruption from Legal and Economic Perspective","authors":"Hulman Siregar","doi":"10.20961/JMAIL.V1I2.46524","DOIUrl":"https://doi.org/10.20961/JMAIL.V1I2.46524","url":null,"abstract":"<table width=\"680\" border=\"1\" cellspacing=\"0\" cellpadding=\"0\" align=\"left\"><tbody><tr><td valign=\"top\" width=\"487\"><p><strong>In this case, the efforts to eradicate corruption by law enforcement officials, prosecutors of the Republic of Indonesia, and Indonesian police, have not been significant. To make the eradication of corruption useful corresponding to the mandate of law, then the Corruption Eradication Commission (KPK) was formed; this institution is known as the super body institution. The method used in this research is combining normative juridical methods with empirical facts to analyze the effectiveness of corruption eradication in legislation. Over time, the role of the KPK in eradicating corruption received intense attention from the public, both pro, and contra. The legislature wants to revitalize the implementation of the KPK's duties with several considerations, to prioritize prevention efforts through the revision of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission</strong></p><p><strong> </strong></p><p><strong> </strong></p></td></tr></tbody></table>","PeriodicalId":118998,"journal":{"name":"Journal of Morality and Legal Culture","volume":"2011 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130965338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Problems of Controlling the Transparency of the Financial Budget Use of Corona Virus 19","authors":"Lego Karjoko, I. Handayani, A. Jaelani","doi":"10.20961/JMAIL.V1I2.46569","DOIUrl":"https://doi.org/10.20961/JMAIL.V1I2.46569","url":null,"abstract":"<table width=\"680\" border=\"1\" cellspacing=\"0\" cellpadding=\"0\" align=\"left\"><tbody><tr><td valign=\"top\" width=\"487\"><p><strong>This study aims to analyze and illustrate the problem of monitoring the transparency of the use of the Corona Virus 19 financial budget. Transparency is one of the important elements in the realization of good governance. This research is a normative study with a statutory approach. The data of this research uses secondary data with primary, secondary and tertiary legal materials. The results show that first, the Covid-19 pandemic has caused a decline in the economy and activities in various sectors. Second, supervision of the use of covid funds is very weak considering Law Number 2 of 2020 gives absolute power to change budget postors and remove checks and balances and gives immunity authority to the government in managing state finances so that they cannot be corrected and are immune to the law.</strong><strong></strong></p><p><strong> </strong></p><p><strong> </strong></p><p><strong> </strong></p></td></tr></tbody></table>","PeriodicalId":118998,"journal":{"name":"Journal of Morality and Legal Culture","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117043272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Institutionalization of the Approval Principle of Majority Creditors for Bankruptcy Decisions in Bankruptcy Act Reform Efforts","authors":"Rian Saputra, Resti Dian Luthviati","doi":"10.20961/JMAIL.V1I2.46880","DOIUrl":"https://doi.org/10.20961/JMAIL.V1I2.46880","url":null,"abstract":"This study aims to determine the urgency of institutionalizing the principle of bankruptcy decisions that must be approved by the majority creditors with a test stone in the form of a bankruptcy decision Number: 04/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst then also to analyze the opportunities for institutionalizing the principle. mentioned in Indonesian law. This research is a normative legal research with an approach in the form of a conceptual approach, and a statute approach and a case approach. The results show that the urgency of applying the principle of \"Approval of Bankruptcy Decisions Must be approved by Majority Creditors\" in Indonesia is based on the Bankruptcy Decision Number: 04/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst, in addition to following the development of global bankruptcy law. , also in order to provide justice to fellow creditors so that no creditor feels aggrieved in any future bankruptcy decisions. The principle itself requires that each bankruptcy decision be approved by at least 50% of the majority of creditors according to the number of claims (receivables), not the majority according to the number of people. Even though, the application for a bankruptcy statement was made by the Debtor himself, the bankruptcy decision should not have been taken by the court without the approval of the creditors or the majority of creditors. Also, the opportunity to apply this principle in Indonesia is very possible considering that the principle is in accordance with the character of the nation which clearly makes consensus & deliberation as an alternative in every problem that exists within the Indonesian nation, it is not wrong if this is also applied in the concept of the Bankruptcy Law in the future (das sein).","PeriodicalId":118998,"journal":{"name":"Journal of Morality and Legal Culture","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128634513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}