EKSISTENSI SANKSI ADMINISTRATIF BISNIS DIGITAL DALAM PERSPEKTIF ECONOMIC ANALYSIS OF LAW

EKSISTENSI SANKSI ADMINISTRATIF BISNIS DIGITAL DALAM PERSPEKTIF ECONOMIC ANALYSIS OF LAW

I Gede Agus Kurniawan,¹ Putu Aras Samsithawrati, ²Lourenco de Deus Mau Lulo³

3. Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Nasional, Denpasar, Indonesia ²Fakultas Hukum Universitas Udayana, Denpasar, Indonesia

³Fakultas Hukum Universidade da Paz, Dili, Timor Leste gedeaguskurniawan@undiknas.ac.id

Abstrak

This study aims to analyze legal problems related to administrative sanctions in digital business in the perspective of Economic Analysis of Law (EAL). The urgency of this research is that the development of digital business requires administrative sanctions that are tiered and gradual so that administrative sanctions can support the development of digital business. This research is a normative legal research with a conceptual and statutory approach. The results of the study confirm that legal problems related to administrative sanctions in digital business are related to the uncertainty of administrative sanctions in digital business whether they are immediate sanctions for revoking business licenses or made in stages, starting from warning sanctions to sanctions revoking permits. The implication of administrative sanctions that do not guarantee legal certainty makes every digital business actor who does not include information or data that must be included in digital business as such, is subject to administrative sanctions in the form of direct revocation of licenses. The novelty in this study emphasizes the character of digital business administrative sanctions in the EAL perspective which does not meet the aspects of utility, value, and efficiency. This is due to placing administrative sanctions in the form of direct revocation of permits as the main step, so that it can have implications for an unconducive business climate in society. Therefore, referring to the EAL analysis, the relevant provisions are the implementation of administrative sanctions in stages so that they can support a digital business climate that benefits society.

Keywords: Administrative Sanction; Digital Business;Economic Analysis of Law (EAL)

Atu Hetan Detalho Ida Ba Jurnal Bele Klik Iha Ne'e: