Eksistensi Komisi Pengawas Persaingan Usaha dalam Penanganan Persekongkolan Tender dalam Perspektif Hukum Positif Indonesia

Bhakti, Surya; Asikin, Zainal; Sahnan, Sahnan

doi:10.24036/jess.v4i1.231

Cited by 2 publications

(3 citation statements)

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“…From a socio-cultural perspective, law enforcers have not yet understood the cultural values of living in the local community. This is contrary to the community's perception, pointing out that problem-solving or law enforcement on forest land use is closely related to cultural values in their lives [169].…”

Section: Law Enforcementmentioning

confidence: 64%

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A Chronicle of Indonesia’s Forest Management: A Long Step towards Environmental Sustainability and Community Welfare

Nugroho¹,

Indrajaya²,

Astana³

et al. 2023

Land

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Indonesia is the largest archipelagic country in the world, with 17,000 islands of varying sizes and elevations, from lowlands to very high mountains, stretching more than 5000 km eastward from Sabang in Aceh to Merauke in Papua. Although occupying only 1.3% of the world’s land area, Indonesia possesses the third-largest rainforest and the second-highest level of biodiversity, with very high species diversity and endemism. However, during the last two decades, Indonesia has been known as a country with a high level of deforestation, a producer of smoke from burning forests and land, and a producer of carbon emissions. The aim of this paper is to review the environmental history and the long process of Indonesian forest management towards achieving environmental sustainability and community welfare. To do this, we analyze the milestones of Indonesian forest management history, present and future challenges, and provide strategic recommendations toward a viable Sustainable Forest Management (SFM) system. Our review showed that the history of forestry management in Indonesia has evolved through a long process, especially related to contestation over the control of natural resources and supporting policies and regulations. During the process, many efforts have been applied to reduce the deforestation rate, such as a moratorium on permitting primary natural forest and peat land, land rehabilitation and soil conservation, environmental protection, and other significant regulations. Therefore, these efforts should be maintained and improved continuously in the future due to their significant positive impacts on a variety of forest areas toward the achievement of viable SFM. Finally, we conclude that the Indonesian government has struggled to formulate sustainable forest management policies that balance economic, ecological, and social needs, among others, through developing and implementing social forestry instruments, developing and implementing human resource capacity, increasing community literacy, strengthening forest governance by eliminating ambiguity and overlapping regulations, simplification of bureaucracy, revitalization of traditional wisdom, and fair law enforcement.

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Section: Law Enforcementmentioning

confidence: 64%

“…Moreover, the sanction is weak and has not had a deterrent effect on actors [168]. In addition, law enforcement officers focus merely on legal certainty but neglect its benefits and justice [169]. Law enforcement of the environment is getting weaker after the government issued Law No.…”

Section: Law Enforcementmentioning

confidence: 99%

A Chronicle of Indonesia’s Forest Management: A Long Step towards Environmental Sustainability and Community Welfare

Nugroho¹,

Indrajaya²,

Astana³

et al. 2023

Land

View full text Add to dashboard Cite

show abstract

“…7 There are important points of change related to law enforcement including Articles 44, 45, 47, and 48 relating to objections from the District Court to the Commercial Court, the abolition of the period for reading objection and cassation decisions by the Commercial Court and the Supreme Court, the abolition of the maximum fine limit, Elimination of criminal threats for violations of monopolistic practices and unfair business competition. 8 However, these changes do not provide a large enough contribution in improving business competition law in Indonesia. There needs to be a comprehensive study and strategic steps in resolving the legal certainty issues that arise.…”

Section: Introductionmentioning

confidence: 99%

Two Decades of Business Competition Law: How has Indonesian Competition Law Transformed?

Khon,

Baiquni,

Waspiah

2023

JPCL

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This research focuses on the development of competition law in Indonesia, specifically examining the role and impact of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, also known as the Business Competition Law. The objective of this research is to provide an overview of the various changes in business competition law in Indonesia, particularly the establishment of the Business Competition Supervisory Commission (KPPU), responsible for enforcing the law against business competition violations committed by companies or individuals. Additionally, this article will compare Indonesian competition law with that of other countries, such as Australia and Singapore. The research adopts two main methods: a statute approach and a comparative approach. The statute approach involves analyzing three statutory regulations: Law No. 5 of 1999 (Indonesia), Australia Competition and Consumer Amendment Act 2013 (Australia), and Singapore Competition Act 2004 (Singapore). The findings of this study reveal two key weaknesses in Indonesia's Business Competition Law. First, there are deficiencies in both the material and formal aspects of determining prohibitions per se or employing the rule of reason theory. Secondly, there are concerns related to the definition of dominant market positions, necessitating a review of the Business Competition Law to align it with best practices. Additionally, there are issues regarding the neutrality of KPPU as a Quasi-Judicial institution, and the need to safeguard the rights of the reported parties during the judicial process at KPPU. Furthermore, a legal comparison with Australia and Singapore highlights that Indonesia's Business Competition Law lags behind in several areas, resulting in a legal vacuum concerning Mergers and Acquisitions Regulations, Horizontal and Vertical Agreements, Dispute Resolution, and Consumer Protection. In conclusion, this research emphasizes the significance of robust competition laws in promoting fair business competition, economic growth, and foreign investment. It sheds light on the weaknesses of Indonesia's current Business Competition Law and suggests potential areas for improvement based on a comparison with competition laws in Australia and Singapore. Addressing these issues would strengthen Indonesia's competitive landscape and foster a more conducive business environment.

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Eksistensi Komisi Pengawas Persaingan Usaha dalam Penanganan Persekongkolan Tender dalam Perspektif Hukum Positif Indonesia

Cited by 2 publications

References 1 publication

A Chronicle of Indonesia’s Forest Management: A Long Step towards Environmental Sustainability and Community Welfare

A Chronicle of Indonesia’s Forest Management: A Long Step towards Environmental Sustainability and Community Welfare

Two Decades of Business Competition Law: How has Indonesian Competition Law Transformed?

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