This research aims to review the legal protection for freelancers in Indonesia, stipulated in Law Number 11 of 2020 concerning Job Creation. In-Law no. 13 of 2003 concerning Freelance Employment in Indonesia is claimed not to have a clear legal umbrella. The problems examined in this research include the form of freelance legal relations in Indonesia? And the legal protection for freelancers in Indonesia in Law Number 11 of 2020 concerning Job Creation? This research uses normative methods with a statute, case, and historical approach. The results showed that freelance legal relationships in Indonesia were divided into two categories: freelancers who entered into work agreements through platforms that acted as intermediaries and freelancers who entered into work agreements directly without intermediaries. Previously, there were only additional regulations in the form of Kepmenakertrans No. 100 of 2004 concerning the Provisions for the Implementation of a Work Agreement for a Specific Time, and no specific regulation has been found in Law no. 13 of 2013 concerning Manpower. After the enactment of Law Number 11 of 2020 concerning Job Creation and also Government Regulation No. 35 of 2021 concerning Specific Time Work Agreements, Transfer, Working Time and Rest Time, and Termination of Employment, the legal status of freelance workers in Indonesia has a clear legal umbrella, which is classified as a specific time work agreement (PKWT). This finding also answers the concerns of previous researchers who stated that there is no legal protection for freelancers in Indonesia.
This article discusses the legal politics of changing regulations regarding Limited Liability Company (LTD) after the inauguration of Law Number 11 of 2020 concerning Job Creation. The analytical tool used is the theory of cybernetics, which was coined by Talcott Parsons, that society is a system that consists of several sub-systems (economic, political, social, and cultural). This normative legal research uses an approach to legislation, analysis, and comparison and slightly inserts social phenomena caused by the birth of this Job Creation Law. The result was that before and after the promulgation of the Job Creation Law, there were many rejections from all levels of society. However, the government insists on continuing to enact this law. From the analysis point of cybernetics theory, it is stated that the legal politics used by the government today tends to lead to the economic sub-system, so this sub-system affects the political sub-system, where this sub-system encourages the enactment of this law to be implemented immediately. Apart from this, it turns out that changes in regulations regarding LTD have had an impact both in the form of convenience for the community to run their business and in accordance with the concept of ease of doing business as adopted by the United Nations countries.
This study aims to analyze the online trading arrangements based on Law Number 8 of 1999 concerning consumer protection and Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning electronic information and transactions. The study used a normative juridical approach. The results show that legal protection for online shopping consumers can be provided in terms of legal certainty as stipulated in the laws and regulations governing online shopping, namely Law Number 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Transaction Information in conjunction with Law No. 8 of 1999 concerning Consumer Protection. The existence of an electronic contract, as regulated in Article 18 (1) of the ITE Law, is recognized and has the same position as a conventional sale and purchase contract. Through electronic contracts, consumers can sue business actors if a dispute arises due to the electronic transaction.
The purpose of this paper is to criticize the Constitutional Court Decision Number 18 / PUU-XVII / 2019, which determines that the phrases "executorial power" and "are the same as court decisions having permanent legal force" in Article 15 paragraph (2) of Law Number 42 of 1999 concerning The Fiduciary Guarantee contradicts the 1945 Constitution. From the norms contained in this article, there is a power of execution that the fiduciary security holder can carry out (creditors), which then causes many problems, both related to the constitutionality of norms and implementation. Thus, the authors question two things, first how is the juridical analysis of the Constitutional Court decision No. 18 / PUU-XVII / 2019 regarding breach of contract in the fiduciary agreement? Second, what is the juridical implication of MK Decision No. fiduciary? The writer's research type is library research, a literature study (library research) with a descriptive qualitative research type. The data collection technique used was documentation techniques, and the approach method used in this study was juridical normative. The results of this study conclude that 1) The Constitutional Court's decision has not provided a sense of justice as in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, because in this Constitutional Court decision gives more exclusive rights to the debtor because in this case, the creditor does not get legal protection rights in the event of undesirable things (2) This decision has implications for various parties, namely the Court, which now often receives requests for execution and the process will be lengthy, for notaries must add and clarify default clauses in detail. For business people whose creditors (fiduciary recipients) cannot carry out unilateral execution of the object of fiduciary security but must submit a request for performance to the Court. There is a concern that lousy faith will occur from the community's debtor when the creditor is submitting a request for execution to the Court.
Most migrant workers in Lampung are women from the informal sector; they suffer issues such as non-procedural departure, unpaid salaries, fraud, harassment, and trafficking as a result of working in Lampung, Indonesia's sixth largest province, for placing migrant workers. UUPMI No. 18/2017 was passed to ensure the safety of migrant workers and their families. The purpose of this research is twofold: first, to learn more about how Article 42 of UUPMI No. 18/2017 on local government responsibilities is practiced, and second, to learn more about what obstacles hinder the implementation of the law. Secondary and primary data from literature research, field investigations, and qualitative analysis are utilized to inform both normative and empirical legal approaches. Partially implemented is Article 42 of UUPMI No. 18/2017, which discusses the government's duty to safeguard the rights of migrant workers and to stop violence and TPPO against women in Lampung Province. Article 42 of UUPMI No. 18/2017 is not being implemented by village administrations due to a lack of personnel. Migrant farm workers from rural areas lack access to social programs, education, and resources due to a lack of financial support. Provincial, district, and municipal governments do not coordinate or share statistics with one another.
Farmers have made a real contribution to agricultural development and rural economic development. To realize food sovereignty, “food self-sufficiency and food security in a sustainable manner, farmers as actors of agricultural development need to be given protection”. The idea of forming a group comes from the fact that each individual cannot fulfil their needs individually, as experienced by the less fortunate Panoramic farmer groups, so they need support to develop their socio-economic life. The research was conducted as an effort to prove that the counselling activities provided were able to encourage the group. This study uses a legal sociology approach. This research took place in Pamotan Village, Dampit District, Malang Regency. Primary data was obtained from observation and direct interviews with informants and data analysis using interactive analysis models. The results of the study found that the Malang district government played a role in the development of panoramic farmer groups by providing counselling and training to members of farmer groups; this phenomenon indicates that the government and stakeholders have participated in carrying out their duties based on the provisions of Article 66 of Law Number 19 of 2013 concerning Protection and Empowerment Farmers, by facilitating farming capital, are proven to have legal protection for the Panoramic Farmer Group. They receive assistance from the government in the form of KUR loan assistance for agricultural operations with small interest and also receive assistance in the form of machinery, transportation equipment and building materials to support the quality of the Panorama Farmer Group's farmer production.
The COVID-19 pandemic severely caused great turmoil in Indonesian living memory. It affected public activities, specifically the business sector. Many businesses collapsed, and workers lost their jobs, causing unemployment. The accompanying government legal policies included the determination of the pandemic as a non-natural disaster and the large-scale public health orders. Business debtors are most likely attempts to escape their contractual obligations based on force majeure clauses. This paper analyzes whether the COVID-19 pandemic is a force majeure under Indonesian law that sought to escape debtors’ liability. The study elaborates on a qualitative approach and focuses on obtaining data through in-depth analysis and case study research. The normative juridical approach further elaborates to refer to the applicable laws, regulations, and legal doctrines. The result of the study appraised the readers that force majeure defense escapes the debtors’ liability against nonperformance claims by the creditors. Force majeure is a contractual provision that relieves performance obligations in case of a circumstance or event went beyond the control of a party and occurs subsequent to the contract coming into effect, rendering the obligations of such contracts impossible to perform. The debtors may stand on the ground that a default occurred due to an unexpected event, and it shall exempt a liability as there was no element of malice; it was unintentional due to force majeure.
Coronavirus Disease 2019, originated in Wuhan city of China, has been spreading across the world from December 2019 to till now with 55 million confirmed cases in 191 countries and nearly 1.3 million people deaths. As there is no vaccine available, the government and other institutions are taking measures to protect the people from this highly infectious disease. As the purpose of this paper is to define method and relate the more suitable method with Covid-2019 pandemic, in the introductory part, it has defined method and types of methods. It has also provided an overview of Post Structuralism, as a relevant method in explaining Covid-19 responses. Then, in a deeper way, this paper has discussed Foucault's concept of power: biopower, sovereign power and disciplinary power and examines its relevance with Covid-19 measures. It has also focused on the term ‘New Normal’- the normalization of abnormal during Covid-19. Finally, the paper concluded with acknowledging the critiques of Foucault theories and limitations of the paper in explaining some of the aspects of ongoing pandemic.
The problem of handling the Covid-19 pandemic is not only about health but also the massive social-economic impact (McKee and Stuckler, 2020; Daniel et al., 2020; Mahler et., 2020; Laborde et al., 2020). Multidimensional responses from various countries have also been followed by Indonesia since the enactment of Presidential Decree 11/2020 concerning the Establishment of a Covid-19 Public Health Emergency. The Indonesian government is taking extraordinary steps by focusing on health care, social safety nets, and economic recovery. This study harmonizes various regulations in handling the socio-economic impacts of the Covid-19 Pandemic, especially in the implementation of social safety nets and takes case studies of the formulation and implementation of social safety nets in Gresik Regency as an area with a high escalation of Covid-19 infections, experiencing large-scale social restrictions, and poverty conditions which are above the national and East Java averages. The approach used in this study is a sociological approach with the methodology of harmonization of law, Regulatory Impact Analysis(RIA) and the Rule, Opportunity, Capacity, Communication, Interest, Process, and Ideology (ROCCIPI) method. Data mining in harmonization comes from statutory provisions that are directly related to the implementation of social safety nets. Meanwhile, the RIA and ROCIIPI analysis used 19 informants who were directly involved in preparing social safety net regulations in Gresik Regency. The research finding is a regulatory harmonization framework social safety net from the national to regional levels, as well as an analysis of the formulation and implementation of social safety net regulations based on good regulatory governance criteria. Gresik Regency's social safety net regulations are aligned with the priority of the Government's extraordinary measures in the field of state finance in the context of saving health and the national economy through a focus on spending on health, social safety net, and economic recovery. Formulation and implementation of regulations Gresik Regent Regulation 16/2020 concerning Social Safety Nets, Economic Stimulants, and Village Direct Cash Assistance Handling the 2019 Corona Virus Disease (Covid-19) Pandemic Gresik Regency has complied with most of the good regulatory governance criteria but requires improvement in aspects bureaucratic level involvement, stakeholder involvement, and transparency and communication factors.
The 2019 Coronavirus Disease (Covid-19) pandemic caused a health crisis and caused economic disruption, one of which was companies experiencing decreased sales or orders, decreased revenues, increased losses, and even company closures. One of the steps taken by the company is to terminate the employment relationship (PHK), which often causes debate about the terms and compensation for the layoffs received by workers. Things that are often debated include whether the layoffs due to the Covid-19 pandemic were carried out based on force majeure or efficiency. This research was conducted to determine how the layoffs are arranged due to force majeure and efficiency and to determine the views of the panel of judges who examined cases of industrial relations disputes in Decision Number 781 K/Pdt.Sus-PHI/2021. This study uses a normative juridical method with descriptive characteristics, which uses primary and secondary legal materials. The results of this study indicate that the labor law both before and after the enactment of Law Number 11 of 2020 concerning Job Creation provides space for employers to carry out layoffs based on force majeure or efficiency, and there are significant differences in arrangements before and after the enactment of the Job Creation Act. The view of the Panel of Judges in case Number 781 K/Pdt.Sus-PHI/2021, there is a need for a causal relationship between the Covid-19 pandemic and conditions that force employers to lay off workers. If causality cannot be proven, layoffs are an efficiency measure to reduce the impact of the Covid-19 pandemic.
It used to be a principle of English law that a seller or a party to a contract was not under a legal obligation to disclose to the buyer or the other party to the contract any facts relating to the contract, even if that fact “would have materially influenced” his decision to the contract. This principle was governed by the legal maxim of caveat emptor, i.e., let the buyer beware. The rle of caveat emptor ‘used’ to apply to a contract of sale of goods and other forms of contract except if the buyer could show that there was an express warranty of quality or there was fraud on the part of the seller. However, in relation to the sale of goods, which is the subject matter of this article, it may be argued that besides this known exception, the rule “has been tempered” by an implied condition in the common law that where the goods are sold by description, they shall be of merchantable quality “[answering] the description in the contract”. Although a purchaser could not benefit from this common law implied condition in the sale of specific goods, where he expressly demanded the goods for a particular purpose, there was an implied condition that the goods should be reasonably fit for that purpose.These common law rules applied even before the Sale of Goods Act 1893. Firstly, this article brings out and analyses, in terms of the sale of goods, some of the differences that have been affected by the transposition of the Directive on consumer sales and guarantees into English law through the 2002 Regulations, with emphasis on the key provisions of the Regulations, i.e., Reg. 3, 4, 5, and 15-16. Secondly, as these Regulations, as well as the changes they brought, aimed at protecting person “who deals as consumer” or consumers generally, this article argues whether or not a case could be made for extending these changes to non-consumer contracts. It may be interesting to note that, whereas the changes made by the 1994 Act were “plainly directed towards finding a formulation which is appropriate to the consumer as well as to commercial sales,”; the 2002 Regulations, on the other hand, are directed only to consumers.
This paper explores the lived experiences of solo parents of Cebu City upon the conception of RA 8972 known as the Solo Parent Act of 2000. An in-depth study of the solo parent’s plight in their daily challenges in terms of financial and time management, disciplining and instilling time-honored values in their children, and social stigma. A shared narrative on circumstances that lead them to become a solo parent, the availability and enjoyment of solo parent benefits as mandated by law. Utilizing Interpretative Phenomenological Analysis, a qualitative research method, it explores an in-depth investigation of the participants' lived experiences. Ten solo parents from different age groups were interviewed as participants. The study goes to the fluidity of parental roles away from the lenses of society as it covers LGBT members’ acts as parents to some. It becomes evident in the study that solo parents developed fortitude as they stay in control of the status quo solidified family relationships, acts as home counselor, and hope for the future. Sustainable livelihood programs, scholarships for vocational courses, access to legal aid services, and personality and development training are recommended to uplift the lives of every solo parent, edifying the principle of social justice.
The present study discusses the national strategies having been adopted by Palestinians to put an end to Israeli occupation. The study aims to show how Palestinians plan to establish their state and get rid of the occupation by using different strategies and policies. The study adopts historical research method to support authentic historical data about Israeli-Palestinian conflict. Such a method has helped researcher provide proper data that may help Palestinian political leaders understand the nature of conflict and this know how to deal with the issues of this conflict in the future. The study also adopts descriptive analytical research method to describe and analyze the data. The study finds that it is very vital for Palestinians to unite and to have one ‘unified’ national strategy in order for ‘popular resistance’ to work out. Besides, the study finds that Palestinian leaders and peace activists ought to create ties with Israeli and western activists in order to strongly activate ‘popular resistance’ against Israeli occupation. Furthermore, the study recommends that Palestinian leadership, factions, peace organizations and national institutes ought all adopt one ‘integrated strategy’ to confront Jewish influence.
Indonesia's border areas are underdeveloped areas with limited infrastructure and social and economic facilities. Moreover, some areas tend to be poor people and are oriented toward neighbouring countries. This study aims to determine the background of the border dispute between Indonesia and Malaysia in Camar Bulan and Tanjung Datu and to determine the basis of Indonesia's demands for border disputes in Camar Bulan and Tanjung Datu. Additionally, the research method used is descriptive analysis, and library sources are conducted to collect the data. The results show that the prospect of dispute resolution in the Camar Bulan and Tanjung Datu areas will be slow. This condition is because the government's development is not accompanied by the affirmation of boundaries, maintenance of the boundary markers, and strengthening of Indonesia's diplomatic power, so thus the development will certainly be obstructed.
This research will look at the dynamics that happened post-presidential election of 2014 in Indonesia, which indicated a divided government in the parliament which caused a deadlock at the beginning of the chosen presidential candidates, Jokowi-Jusuf Kalla, for the 2014 - 2019 period. This was the aftermath of the combination between the presidential system and a multiparty system, which showed the executive-legislative relationship in a multiparty presidential system. It could also reveal the inability of the government and the opposition to reach common ground multiple times. However, the case in Indonesia is quite different and interesting to explore how the government aimed to reach a balance and run their administration. The executives were using the executive Toolbox to offer politically strategic positions for the opposition to join the governmental coalition and to intervene in the internal works of political parties. The approach used for this research was a qualitative design. The concept of divided government which was put forward by Hughes & Carlson (2015), was chosen to be the theoretical framework to analyze the dynamic factors of the case. And the theory of executive toolbox usage by Raile et al. (2011) was used by the writer to analysis the presence of executive power in suppressing the dynamics that happened. The results of the research showed that the usage of the executive Toolbox was part of a response from the regime of Jokowi to create stability in facing the dynamics that happened and to gain the support of the opposite parties in the parliament to join the governmental coalition of 2014-2019’s Jokowi-Jusuf Kalla period. This indicates that the government under Jokowi, which combined a multiparty system and the presidential system, can be considered a success, especially in terms of gaining support from the coalition through the usage of the executive Toolbox.
This paper aims to analyze the ideal form in the process of harmonization of the General Election Commission (PKPU) Regulations which experienced disharmony in connection with the 2020 election arrangements, as well as the formulation of legal certainty that it can use. The 2020 election will go down in history as a democratic party that goes hand in hand with the COVID-19 pandemic. The implementation is carried out with various rules, especially PKPU, which in practice is known as two types: the technical PKPU for the performance of stages and the COVID PKPU. This regulatory dualism creates a form of disharmony of legal norms so that the condition of legal certainty becomes something that has a high level of importance. Based on doctrinal research, it can be explained that the harmonization carried out on PKPU in implementing the 2020 Election is in the form of horizontal harmonization based on several existing legal principles. This principle justifies that the COVID PKPU can override the PKPU regarding the technical implementation of the stages. The harmonization also provides a form of legal certainty that can realize through sound and apparent normalization as well as the hierarchy of laws and regulations and is effective.
Force majeure may occur in a murabahah financing contract, which is the most widely used financing product by Islamic banking. This coercive situation has elements that must be fulfilled to be regulated in Article 1245 of the Civil Code (BW), which stipulates that compensation and interest can be forgiven in case of compelling circumstances. Many experts and practitioners are of the view that Article 1245 of the Civil Code can be used as the legal basis for the application of force majeure even though this clause has not been regulated in the agreed contract. On the other hand, this murabahah contract is regulated in the Supreme Court Regulation Number 2 of 2011 concerning the Compilation of Sharia Economic Law (KHES). The issuance of Presidential Decree Number 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (Covid-19) as a National Disaster has implications for the emergence of various interpretations among the public and can be used as the basis for the cancellation of civil contracts, including murabahah contracts. The reason is that disaster is a force majeure that causes people to be unable to fulfill their achievements due to events beyond their capabilities. To overcome these problems, this research uses an analytical method based on doctrinal content by applying four types of legal approaches, namely: (i) historical/historical; (ii) Jurisprudence/philosophy; (iii) comparison; and (iv) analytical and critical. This study aims to identify the legal interpretation of Musytari's force majeure in murabahah financing contracts.
In April 2020, a debate broke out over whether the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region (LOCPG HK) and the Hong Kong and Macau Affairs Office of the State Council (HKMAO) have the authority to comment on Hong Kong's Legislative Council affairs under Article 22 of the Basic Law of the Hong Kong SAR. In response to this debate and to review the divergent interpretations of Article 22 of the Basic Law by China mainland and Hong Kong commentators, this research examines the legislative history, original intention of Article 22, and its relationship with relevant Chinese law and policies. It argues that the LOCPG HK and the HKMAO are not subject to Article 22 of the Basic Law. Furthermore, these agencies' involvement in Hong Kong issues should be regarded as exercising their lawful authority to supervise Hong Kong's internal affairs rather than as "interference". It advocates that to reduce the conflict in interpretation between Mainland and Hong Kong legal communities, textual analysis, systematic content analysis, and the Chinese legal system should be the bases of future interpretation and application of the Hong Kong Basic Law.
Article 247 of the Revised Penal Code is the Philippine version of honor-based legislation. This study aimed to analyze and examine the daughter clause of the article. The study delved into the legislative intent behind this Article as well as its conformability and harmony with the Constitution, international conventions and treaties, and local legislations through the blackletter methodology. By the use of a socio-legal method, it also examined the contestations on its implications specifically its justness and contemporaneous aptness. Furthermore, it assessed the repercussions it poses to minor daughters and the measures that should be taken to address the quandary of the Article. The findings showed that Article 247 is rooted in the principle of patria potestas and it does not conform with international obligations, municipal laws, and the Constitution. Its constitutionality was reviewed in accordance with the equal protection clause and the discriminatory classification of daughters. Since questions of its constitutionality remain as an argument due to the lack of locus standi, legislative measures are recommended to be pursued. It also reflected that as per the experts’ responses, Article 247 is unjust, archaic, and discriminatory to minor daughters. Moreover, the Article was found to reinforce patriarchy and the barbaric nature of medieval times which is not attuned to the current societal norm and civilized community. As reflected from the data, Article 247 has no place in the statutes of the Philippines, and should therefore be repealed.
This research explores the challenges and opportunities for the recognition of Artificial Intelligence (A.I.) as a new legal subject in the Indonesian Criminal Legal System within the concept of Society 5.0. There have been circulating debates concerning the possibility of approving A.I is a novel legal subject, as it does not possess independent consciousness; its existence and action are determined by another entity, that is, the programmer or developer of that A.I. Hence, an A.I cannot be imposed with legal responsibilities. However, due to the ever-growing nature of human civilization, it is probably safe to argue that the future of A.I. is still unclear. A.I. might execute an order which opposes that of its creator, for instance, a crime. A question then may arise following this theory: if an A.I. behaves in contrast to its creator’s intention, can it be accepted that such A.I. has developed its own mind, fully separated from the human entity? Then, on that account, can the A.I. be inflicted with criminal responsibility? Consequently, if the answer is positive, what should be changed or adjusted in the Indonesian Criminal Legal System so as to incorporate such liability of A.I.? Finally, what would be the plausible sanction that can be imposed on an A.I. committing a crime? Will such kind of sanction be sufficient and suitable for society’s standards? This paper will try to present elaborate discussions regarding these concerns.
This study aims to analyze law enforcement against illegal levies as a form of abuse of authority through illegal levies. The research method used is normative and sociological legal research methods. The results showed that illegal fees are included in the category of occupational crimes. The government's efforts to optimize the eradication of extortion practices were later strengthened by the signing of the Presidential Decree No. 87 of 2016 concerning the Task Force to Clean Up Illegal Levies (Satgas Saber Pungli). The Saber Pungli Task Force consists of law enforcement officers, namely the Police, the Attorney General's Office, the Ministry of Home Affairs, the Ministry of Law and Human Rights, the Financial Transaction Reports and Analysis Center, ORI, State Intelligence Agency, and Indonesian National Army Military Police who have the authority to eradicate illegal extortion practices effective and efficient by optimizing the utilization of personnel, work units, and infrastructure, both at the ministerial/institutional and regional government levels.
This study aims to explain the implementation of tourism development policies in the state border area in Sabang City, Aceh Province, supporting and inhibiting factors for the implementation of tourism development policies in the state border areas in Sabang City, Aceh Province, finding a new model that is flexible in implementing tourism development policies in the state border area in Sabang City, Aceh Province. The type of research conducted is qualitative research. Data collection techniques used interviews and review of documents in the form of books, regulations, reports, and documents related to the implementation of state border area development policies in Sabang city, Aceh Province. The results of the study show The Erlangga Multi-Party Collaboration Sustainability Partnership (SPKME) model can be used as a guide in the implementation of tourism development policies in the border areas of the country.
In the effort to eradicate terrorism, the security dimension is thick in the policy of eradicating terrorism. Civil society is worried about the material of the 2018 Law Number 5 concerning the Eradication of Criminal Acts of Terrorism; it is considered that the Act can reduce the level of state compliance with respect, protection, and fulfillment of human rights in eradicating terrorism in addition to the effectiveness of the method of eradicating terrorism. The purpose of this study is to provide an overview and analysis of the form of the threat that has undergone a shift that requires the army as the main component of the defense system to reposition itself by placing itself in the right position in the midst of the dynamics of developing threats. The method in this research is normative juridical through a comprehensive study by taking sources from regulations and laws, while empirical juridical research is a study based on observations on threats involving the TNI. The theory used is the Theory of Authority and Theory of Rule of Law as the theoretical basis for the analysis of the main problems regarding the change of the army from a conqueror to a professional soldier. The military does not intervene in politics, and conversely, there is no political intervention in the military. Law of 2004 Number 34 concerning the TNI states that the Indonesian National Army was built and developed professionally according to the country's political interests, referring to the principles and values of democracy, human rights, civil supremacy, provisions of national and international laws that have been ratified.
This study aims to analyze the juridical review of law enforcement against banking crimes. The research used a normative juridical method with a peruandang-invitation approach. The results of the study indicate that Banking Crime is a behavior, either in the form of commissioning or omission, using banking products as a means of conduct for the perpetrators or banking products as behavioral targets. The perpetrator has been determined as a criminal offense by law. Banking crime is a crime that fulfills the elements as referred to in Article 46 to Article 50A of the Banking Law or Article 59 to Article 66 of the Sharia Banking Law. The scope of banking crimes contained in the Banking Law and the Sharia Banking Act are: 1) Criminal acts related to licensing; 2) Criminal acts relating to bank secrecy; 3) Criminal acts related to bank supervision; 4) Criminal acts related to bank business activities; 5) Criminal acts related to affiliated parties; 6) Criminal acts relating to shareholders; 7) Criminal acts related to compliance with the provisions.
This article explores the concept of algorithmic tacit collusion and the potential role of market investigation tools in addressing this issue. The use of algorithms in online sales markets has raised concerns about anti-competitive effects and the adequacy of current competition law provisions. The European Commission has been considering the implementation of a 'New Competition Tool' (NCT) to address structural competition issues beyond the scope of existing regulations. The UK's market investigation tool, regulated under the UK Enterprise Act of 2002, serves as a reference point for examining the potential insights and lessons that could inform the development of the NCT at the EU level. The article highlights the impact of algorithmic pricing on market transparency, the challenges of classifying algorithmic tacit collusion, and the potential for market investigations to address competition-related concerns. It also discusses the procedural safeguards embedded in the UK's market investigation system and the benefits of proactive competition promotion through market investigations. Finally, the article considers the implications of adopting similar tools at the EU level and the potential for enhancing the European Commission's competition enforcement framework.