@unnes.ac.id
Universitas Negeri Semarang
COMPANY LAW; LAW AND TECHNOLOGY; PRIVATE LAW; BANKING LAW; ANTI TRUST LAW
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Ayup Suran Ningsih
Universitas Ahmad Dahlan
Introduction to The Problem: Competition is necessary in the business world; business actors are no stranger to competition between business actors in their business activities. It is done solely for profit. Indonesia establishes the Business Competition Supervisory Commission (KPPU) as a form of the state's presence in protecting business actors who have been honest in carrying out their business activities. Purpose/Objective Study: This research aims to conduct comparative research related to the duties and powers of the business competition supervisory institution in Indonesia and Thailand to provide recommendations on issues related to strengthening the role of KPPU in Indonesia. Design/Methodology/Approach: This type of research is empirical legal research. The study employed the primary data through interview with KPPU and data from a literature review and analyzed it through the statue approach. Findings: Based on studying Thai Competition Act and The Thai Fair-Trade Commission (TFTC), the authors conclude that Indonesia Anti-Monopoly Act and Komisi Pengawas Persaingan Usaha (KPPU) are more simply and comprehensive in regulating business competition. Thailand has more than one institution who handle the business competition, it is impressed more complicated and not integrated.
Ayup Suran Ningsih
Maulana Malik Ibrahim State Islamic University
One of the goals of national development in the field of economics and law is to create a just and prosperous society in accordance with Pancasila and the 1945 Constitution. One of the legal actions taken by the community for the smooth running of its business activities is to make loans or credit to financial institutions. The loan is accompanied by the provision of Mortgage on the collateral object. In the process of lending and borrowing activities from creditors to debtors, problems or defaults can occur in the future, making it possible for an auction process to be carried out. The purpose of this article is to find out and analyze the auction process by State Assets And Auction Service Office (KPKNL) in Semarang City based on Regulation of The Minister of Finance of The Republic of Indonesia (PMK) No. 213/PMK.06/2020 and to see whether the process is in line with the Indonesia Mortgage Rights Law and how the protection provided for the default debtor is. The writing method used by the author is an empirical juridical approach. The empirical juridical approach is to identify and conceptualize law as a real and functional social institution in a real-life system. The mortgage auction process done by the KPKNL Semarang based on the above regulations is appropriate and protects the debtor’s rights properly.Salah satu tujuan pembangunan nasional dibidang ekonomi dan hukum adalah untuk mewujudkan masyarakat yang adil dan sejahtera sesuai dengan Pancasila dan Undang-Undang Dasar 1945. Salah satu perbuatan hukum yang dilakukan oleh masyarakat demi kelancaran kegiatan usahanya adalah dengan melakukan pinjaman atau kredit ke lembaga keuangan. Pinjaman tersebut disertai dengan pemberian Hak Tanggungan atas benda jaminannya. Dalam prosesnya kegiatan pinjam meminjam dari kreditur kepada debitur ini dapat terjadi masalah atau cidera janji kedepannya, sehingga memungkinkan untuk dilakukannya proses lelang. Penulisan artikel ini bertujuan untuk mengetahui dan menganalisis proses lelang oleh Kantor Pelayanan Kekayaan Negara dan Lelang (KPKNL) di Kota Semarang berdasarkan PMK No. 213/PMK.06/2020 dan untuk melihat apakah proses tersebut sudah sejalan dengan Undang-Undang Hak Tanggungan serta bagaimana perlindungan yang diberikan bagi debitur wanprestasi tersebut. Metode penulisan yang digunakan penulis ialah pendekatan yuridis empiris. Pendekatan yuridis empiris ialah mengidentifikasi dan mengkonsepsi hukum sebagai institusi sosial yan riil dan fungsional dalam sistem kehidupan yang nyata. Proses lelang hak tanggungan yang dilakukan oleh KPKNL Semarang berdasarkan peraturan tersebut diatas sudah sesuai dan melindungi hak debitur dengan baik.
Ayup Suran Ningsih
Universitas Ahmad Dahlan
Introduction to The Problem: Revocation of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations. Purpose/Objective Study: This research discussed the types of license revocation of the insurance companies and legal protections of the policyholders when this revocation happened. Design/Methodology/Approach: This study is a qualitative one, which uses a normative juridical method. It approached by the juridical research that uses primary data in the form of Acts or Regulations. Findings: The types of business license revocation of insurance companies are divided into 4, namely: (1) cancellation of business licenses due to administrative sanctions that are gradually applied; (2) revocation of business licenses due to company requests; (3) dismissal of business licenses due to bankruptcy, and; (4) revocation of business licenses due to the merging or business combination. The respective procedures are governed by the relevant OJK Regulations. The repeal of insurance company business licenses certainly has an effect on the insured as consumers who must be protected. In this case, OJK oversees the flow of revocation of business licenses, which requires insurance companies to report settlement of corporate obligations.
Ayup Suran Ningsih, Duhita Driyah Suprapti, and Nurul Fibrianti
Universitas Sriwijaya
Cooperative Loans and Savings (KSP) is a business entity that having an essential role as an alternative capital fund which is faster and based on the Membership Principle. According to Law No 25 the Year 1992 concerning Cooperatives states that Cooperatives in Indonesia should operate under the Membership Principle. Cooperatives have social characteristics in the form of prioritizing mutual benefits and interests rather than personal interests and benefits. Thus, cooperatives must become the spearhead of the national economy by collecting and distributing funds. However, the reality, there are still numerous frauds in the process of collecting and distributing funds to raise the deposit and also the high interest and the high late charge. The problem appeared is how the actual management of cooperatives loans and savings to carry out their duties and functions. This research is also dealt with the extent of supervision, which is mandated by the law. KSP needs a proper procedural of supervision for their organization. The Financial Services Authority (OJK) is expected to work together with the Ministry of Cooperative and SMEs Office to supervise Cooperative Loans and Savings because it is found that many injustices have been fallen debtors and it is urgent to revise the law and make KSP is under OJK's supervision. The objective of this research is to examine the management of Cooperative Loans and Savings in Indonesia. The other aim of this research is to provide recommendation and consideration for the Indonesian government to strengthen the supervision of Cooperative Loans and Savings under OJK because there is malpractice regarding the term of interest in KSP. The research method used in this article is the statute method, which is supported by an empirical juridical approach in KSP Mitra Usaha Perkasa
Ayup Suran Ningsih
Universitas Negeri Semarang
Today, the development of technology is remarkable; the world has faced the industrial era 4.0 where people are now more popular to carry out various financial transactions, both the process of buying and selling and other financial transactions through digital transactions. This digital transaction is run by an information system and is provided with special software that runs it. Damage to computer devices and software can cause all kinds of damage. This damage can cause someone to experience damage or loss due to damaged hardware or software, one or more of the following legal areas can provide recovery; such as contract law; technology law; consumer protection; and product liability. This article is to examine the doctrine of product liability and negligence cannot be applied to malware-embedded software. The approach of the research method used in this article is normative juridical. The normative juridical approach is an approach carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research.
Ayup Suran Ningsih and Hari Sutra Disemadi
IAIN Salatiga
This research aims to determine and analyze the implementation of the concept of profit-sharing in Islamic banking credit agreements based on regulations in force in Indonesia and also to find out and analyze defaults undertaken by customers in Islamic banking credit agreements. The method used in this research is normative juridical, which is a method that puts forward secondary data in the form of primary, secondary and tertiary legal materials. The secondary data in question such as Law Number 21 of 2008 concerning Sharia Banking, related books, and legal research journals. This research is based on the high community needs for capital to achieve the objectives of a business into a separate phenomenon. The concept of muamalah on the teachings of Islam that Muslims want to adhere to is one of the reasons for the birth of the concept of Islamic banking in Indonesia. The concept of profit sharing is one of the concepts known in Islamic banking. The risk of breach of contract by the customer is a necessity.