Era ekonomi digital seperti saat ini, telah menuntut para pelaku bisnis untuk melakukan kegiatan usahanya secara daring. Akibat dari itu, para pembeli juga akan melakukan pembelian secara daring. Hal ini, implikasinya akan berdampak pada persaingan usaha. Undang-Undang (UU) No. 5 Tahun 1999 tentang Larangan Praktik Monopoli dan Persaingan usaha Tidak Sehat dalam hal ini belum mengakomodasi terkait dampak ekonomi digital. Maka dengan itu, penelitian ini memiliki dua tujuan. Adapun tujuan tersebut adalah; pertama, ingin mengetahui dampak ekosistem digital terhadap hukum persaingan usaha di Indonesia. Kedua, ingin mengetahui peran Komisi Pengawas Persaingan Usaha (KPPU) di era ekonomi digital jika terjadi persaingan usaha tidak sehat. Adapun penelitian ini menggunakan jenis penelitian yuridis-normatif. Akibat dari ekonomi digital terhadap persaingan usaha di Indonesia yaitu banyak terjadinya penyalahgunaan pasar platform digital. Dalam hal ini platform digital meningkat dengan pengembangan bisnis vertikal. Perkembangan bisnis ini meningkatkan kemampuan platform digital untuk mengumpulkan lebih banyak data, meningkatkan daya saingnya dan menjadi pemilik toko online dan pengguna aplikasi, sehingga posisi dominan platform digital dapat disalahgunakan, misalnya, mendiskriminasi pesaing di ritel, perjanjian eksklusivitas dengan konsumen, serta kebijakan menjual dengan kerugian yang dapat mengakibatkan pesaing menjadi tidak kompetitif di pasar dan meninggalkan pasar. Menjawab tantangan tersebut, maka perlu ada sebuah peraturan yang mengatur dalam lingkup yang lebih spesifik. Hal ini, mengingat beberapa negara di Eropa telah merevisi peraturan hukum persaingan usaha dengan tujuan untuk melindungi para pelaku usaha. Selain itu, sebagai salah satu bentuk dalam menjawab tantangan zaman yang mana telah mengubah arah perekonomian dan bisnis ke arah digitalisasi. Hal ini tentu Pemerintah dan para pelaku usaha harus bersinergi bersama demi mencapai tujuan persaingan usaha yang baik dan sehat. Kata Kunci: Ekosistem Digital, Hukum Persaingan Usaha, dan Optimalisasi Peran KPPU Abstract The era of the digital economy as it is today has demanded business people to carry out their business activities online. As a result, buyers will also make purchases online. It has implications for business competition. In this case, Law (UU) No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair business Competition has not accommodated the impact of the digital economy. So with that, this research has two objectives. The objectives are; First, to know the effect of the digital ecosystem on business competition law in Indonesia. Second, to see the role of the Business Competition Supervisory Commission (KPPU) in the digital economy era in the event of unfair business competition. This research uses the type of juridical-normative research. The impact of the digital economy on business competition in Indonesia has resulted in a lot of abuse of the digital platform market. In this case, digital platforms are increasing with vertical business development. This business development increases the ability of digital platforms to collect more data, increase their competitiveness and become online shop owners and application users, so that the dominant position of digital platforms can be abused, for example, discriminating against competitors in retail, exclusivity agreements with consumers, and selling policies. With losses may result in competitors becoming uncompetitive in the market and leaving the market. Responding to these challenges, it is necessary to have a regulation that regulates in a more specific scope. This is because several countries in Europe have revised their business competition law regulations to protect business actors. In addition, as a form of responding to the challenges of the times that have changed the direction of the economy and online business. Of course, the government and business actors must work together to achieve good goals for the parties who will have an impact. Keywords: Digital Ecosystem, Competition Law, and Role Optimization KPPU.
The development of information technology pushed the economic ecosystem toward digital. The convenience provided in online shopping through e-commerce has increased the number of trades in Indonesia. Currently, economic activities are not only carried out domestically but also occur in non-domestic trade. This digitalization brings high competitiveness to domestic and non-domestic business actors. This paper aims to convey that the Green Economy policy is a solution to increase the acceleration of economic recovery in Indonesia post Covid-19 pandemic. The paper is used for normative juridical research. According to Indonesia’s economic records, online trade transactions grew in a positive direction during the Covid-19 pandemic, reaching 70 percent throughout 2020 and in 2022, Lazada reported 73% customers in Southeast Asia see online shopping as a part of their daily life. If we see, although there is an increase, it is not significant. On this occasion, regulatory reforms are needed in order to help accelerate the Indonesian digital economy post the pandemic. However, this law is deemed insufficient so regulations and/or legal norms that specifically regulate digital trade are needed, especially regarding cross-border e-commerce. Besides, trade activities are closely related to monopolistic and unfair competition, so it is necessary to form binding agreements both within Indonesia and international countries to prevent any acts of abuse of international trade progress. In achieving this goal, it is not only the role of the government but also necessary steps such as the establishment of green regulation, green government, and green e-commerce. Keywords: green economy, economic recovery, cross-border e-commerce, post Covid-19
This research addresses the questions on, among other things, criminal liability of political parties from the perspective of the Law on the Prevention and Eradication of Criminal Acts of Money Laundering and the models of criminal liability of political parties with respect to criminal acts of money laundering. The juridical-normative research method used shows that political parties have met the criteria as corporations, being groups of people or assets to which the corporate criminal liability system applies. The fault of a political party in criminal acts of money laundering can be viewed through the actions of its administrators being a systemically integral part of the party as they have been given the roles by the party for the benefit of the party. The first conclusion is that a political party can be held criminally liable for criminal acts of money laundering. Secondly, the models of criminal liability of a political party in criminal acts of money laundering comprise (1) the model of criminal liability under Law No. 8 of 2010 concerning the Prevention and Eradication of Criminal Acts of Money Laundering. (2) Administrative model guided by the principle of systematiche specialiteit and the method of economic analysis of law approach through the Political Party Law. (3) Restorative justice model in the form of dual track system. This model is the alternative companion to the penal justice system, namely the criminal model and administrative model.
The implementation of post-merger notification in Indonesia makes it very difficult for the reporting itself and the finances of business actors. For that, the authors recommend that the implementation of the pre-merger notification is a good thing to be implemented in Indonesia, where the pre-merger notification system has been tested in several countries in the United States, Australia, Japan, South Korea, and Germany as well as several ASEAN member countries, such as Thailand, Singapore and the Philippines. Thus, business actors wishing to merge have made prior reports and notifications to KPPU, so that in conducting assessment, monitoring and supervision can prevent monopolistic practices and unfair business competition. As far as possible, this will provide many advantages and efficiency both for business actors and for KPPU in conducting monitoring and supervision due to the practice of mergers.
The COVID-19 pandemic has had a tremendous impact, ranging from the economic crisis to public health, which is the government's focus in minimizing the impact of the Covid-19 pandemic. The type of research used in this research is juridical-normative. And the purpose of this research, namely; 1) describe the regulations issued by the Central and Regional Governments in dealing with the Covid-19 Pandemic, 2) and describe solutions to overcome regulatory problems issued by the Central and Regional Governments during the Covid-19 Pandemic. The government in issuing several regulations looks inconsistent, for example; the difference in the definition of PSBB as regulated in PP No. 21 of 2020 with that regulated in the Quarantine Law. Then, regarding the Instruction of the Minister of Home Affairs Number 15 of 2021 which is considered to have neglected the regulations above. Problems with existing regulations, the government needs to break the chain of spread of the Covid-19 pandemic with the product of regulations based on the Tiered Law Theory by Hans Nawiasky. This theory then when associated with problems in Indonesia can make Article 34 paragraph (3) of the 1945 Constitution and Law no. 6 concerning Health Quarantine is a reference for the government in formulating the rules under it, in matters relating to regulations during the Covid-19 pandemic so that it becomes a solution in overcoming the regulatory problems of handling the Covid-19 pandemic.
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