Browsing by Author "Ahmad Sabirin"

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    The establishment of LAPS SJK in the trajectory of history viewed from the politics of Indonesian law
    (Faculty of Law, Universitas Ahmad Dahlan, 2024-04-30) Setiyono Setiyono; Dinda Keumala; Ahmad Sabirin; Nur Ezan Rahmat; Syaqila Binte Suzaini; Anandayu Pavita Bayuaji
    Introduction to the Problem: The history of the formation of the LAPS SJK is based on the importance of consumer protection in the financial services sector. According to the law concerning the role of the Financial Service Authority, the institution is given the authority to facilitate the settlement of complaints from consumers who are harmed by the finance actors. The OJK then issued regulation (POJK) Number 1/POJK.07/2014 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector (LAPS SJK) which was later replaced by regulation Number 61/POJK.07/2020. Purpose/Objective Study: This research examines, how is the history of the LAPS SJK formation and how is the legal politics of the formation. Design/methodology/Approach: This research is normative, using a historical approach. It applies a descriptive method with the secondary data. Findings: The interesting finding is that the establishment of LAPS SJK is to protect consumers in the event of a dispute with the financial actors, so the legal politics regulating the LASP SJK should be an integrated part of the political scheme of consumer protection law. Institutionally, the legal politics of establishing LAPS SJK is motivated by 3 (three) reasons. The initial reason is the establishment of OJK which has a determinant role and function to supervise integrated financial services business activities for the capital market, banking, and non-banking sectors. Another reason is the reality of the advanced development of technology in the global financial services sector, and the last reason is the need of the parties involved in the financial services sector industry; both consumers and finance actors who need an ideal non-court dispute resolution institution.
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    The rule of reason approach in discriminatory practices : airlines and telecommunications industry sector
    (Universitas Jenderal Soedirman, 2024-07-28) Sharda Abrianti; Anna Maria Tri Anggraini; Ahmad Sabirin; Mardohar, Joice Chintya; Fernandez, Séréna Ortigosa
    Discriminatory practices are standard in business competition and are not prohibited as long as they do not cause unfair competition. This paper will discuss three Business Competition Supervisory Commission (KPPU) decisions in 2020 related to alleged discriminatory practices committed by business actors. The subject matter in this paper is how the actions of business actors can fulfil the elements of violation and how the application of the rule of reason approach in Article 19 letter d of the Competition Law (1999) in the 2020 KPPU Decisions. This research is descriptive normative research. The data used in the book, articles, the new paper analyzed the Competition Law (1999), the Airlanes law (2009), the Electronic Information and Transactions Law (2008, amendments 2016 & 2024), and the Hajj and Umarah Law (2019), as well as interview an expert and KPPU. The interesting findings found that acts of discrimination cause obstacles in vertical business relations in different but interrelated relevant markets and often occur in the essential facilities sector. By using the rule of reason approach, KPPU found that discriminatory practices will be more effective if the business actor is in a dominant position or even occupies a monopoly position. Then, the three decisions in this discussion are equally suspected of violating Article 19 letter d on discriminatory practices. Then, related to the relevant market, the three cases have different markets, and also all three have vertical relationships with other business actors.