YURIDICAL ANALYSIS OF THEORY OF THEORY OF ETHICAL FACILITIES DUTIES LAW COMPETITION COMPETITION IN INDONESIA

2018 ◽  
Vol 3 (2) ◽  
pp. 257
Author(s):  
Nandi Wardhana
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
European Countries ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Dominant Firm ◽  
Rule Of Reason ◽  
Sherman Act ◽  
Theory Of Theory

Indonesian competition law today requires a renewal of one of them concerning the doctrine of essential facilities duties. The doctrine essential facilities duties is a doctrine imposed on a dominant business actor who has access to essential facilities to provide access for competing business actors to use the facility. Regulation of essential facilities duties are needed to reduce dominance of a dominant firm in a particular market. This study uses a statutory approach, conceptual approach, and a comparative approach between the arrangements in the United States, Europe and Indonesia. The approach is expected to illustrate, harmonize problems arising, and provide better legal protection in the world of business competition. The doctrine essential facilities duties were first applied in the United States and then followed by European countries. The doctrine of essential facilities duties in the United States is based on the sherman act and uses theapproach rule of reason. The doctrine of essential facilities duties in European countries based on EC focuses on refusal to deal. The doctrine of essential facilities duties is explicitly implied in Law No. 5 of 1999. From this study it is concluded that the regulation on essential facilities duties in Law No. 5 of 1999 still can not provide a good legal protection for business competition in Indonesia.

scholarly journals Legal Protection Schemes for Free-Flowing Rivers in Europe: An Overview

2021 ◽  
Vol 13 (11) ◽  
pp. 6423
Author(s):  
Tobias Schäfer
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
European Countries ◽  
European Network ◽  
National Legislation ◽  
Wild And Scenic Rivers ◽  
Starting Point ◽  
Protection Mechanisms ◽  
The Individual

Most of Europe’s rivers are highly fragmented by barriers. This study examines legal protection schemes, that specifically aim at preserving the free-flowing character of rivers. Based on national legislation, such schemes are found in seven European countries: Slovenia, Finland, Sweden, France and Spain as well as Norway and Iceland. The study provides an overview of the individual schemes and their respective scope, compares their protection mechanisms and assesses their effectiveness. As Europe’s the remaining free-flowing rivers are threatened by hydropower and other development, the need for effective legal protection, comparable to the designation of Wild and Scenic Rivers in the United States, is urgent. Similarly, any ambitious strategy for the restoration of free-flowing rivers should be complemented with a mechanism for their permanent protection once dams and other barriers are removed. The investigated legal protection schemes constitute a starting point for envisioning a more cohesive European network of strictly protected free-flowing rivers.

scholarly journals Penerapan Pre-Sale Disclosure sebagai Perlindungan Hukum Pembeli Bentuk Bisnis “Business Opportunity Ventures” Ditinjau melalui Undang-undang Republik Indonesia Nomor 8 Tahun 1999 tentang Perlindungan Konsumen

2020 ◽  
Vol 13 (1) ◽  
pp. 1-14
Author(s):  
Astrid Amidiaputri Hasyyati ◽  
Mukhammad Tismandico Ilham Zulfikar ◽  
Kadek Deddy Permana Artha ◽  
Arif Rahman
Keyword(s):  
United States ◽  
Federal Trade Commission ◽  
Dispute Settlement ◽  
The United States ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
Business Opportunity ◽  
Transaction Process ◽  
Business Form

The form of business "Business Opportunity Ventures" that has developed in Indonesia has the same meaning as the franchise business form, but the two business forms are basically different. BO is regulated in the Business Opportunity Sales Law of 1995 by the Federal Trade Commission of the United States. Different forms of business certainly require different arrangements. This is motivated by the reason that the business forms that have not been regulated in a law are prone to fraud and injustice in the transaction process. buyers of this form of business. In this study using a normative juridical method with the statutory approach, conceptual approach, and comparative approach. Fraud and injustice received by BO Buyers can be done legally through the Consumer Dispute Settlement Agency as stipulated in the UUPK.

scholarly journals Comparison of Wildlife Protection Law between Indonesia and the United States

2018 ◽  
Vol 4 (2) ◽  
pp. 181
Author(s):  
Lusi Apriyani ◽  
Fahmi Yoesmar AR ◽  
Marta Erwandi
Keyword(s):  
United States ◽  
Environmental Law ◽  
Legal Protection ◽  
The United States ◽  
Legal Framework ◽  
Wildlife Habitat ◽  
Comparative Approach ◽  
Wildlife Protection ◽  
Mining Law ◽  
The Law

Indonesia is known as one of the richest countries for its biodiversity. Plants, animals, and forest are very diverse in every region in Indonesia. Unfortunately, from time to time the numbers of biodiversity have been decreased along with the development of Indonesia. Nowadays, numbers of Sumatera Tigers and Orang Utan are not more than 400 since they were traded, captured, and killed in the name of economic development. Even wildlife habitat, forest, were converted to non-forestry use. Theoretically, Indonesia has Conser-vation Act which is the Law Number 5 of 1990 on Conservation of Biodiversity and Ecosystem in which providing protection to the biodiversity. However, this law mostly talks about conservation system rather than providing legal protection to the wildlife and its habitat. In addition, the law seems to stand on its own, meaning only Biodiversity Law regulates protection to wildlife. Other acts like Forestry law, Environmental law, Plantation law, and Mining law do not provide wildlife protection. While both flora and fauna are the most vulnerable elements affected by activities which are regulated by those laws. The existence of the conditions above indicates that the legal protection of wildlife needs to be improved. One of the improvement efforts is to reform the Indonesian wildlife protection law. The law reform of Indonesia wildlife protection can be done through comparative approach toward legal framework of wildlife protection of Indonesian and United States.

scholarly journals PROTECTION OF PATENT RIGHTS

2018 ◽  
Author(s):  
Deni Hardianata
Keyword(s):  
United States ◽  
Legal System ◽  
Patent Protection ◽  
The United States ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
State Regulations ◽  
Transfer Of Technology ◽  
The Difference ◽  
The Uk

The difference in the legal system for protecting the scope of patents in various countries, not only imports new investments but also determines the technology transfer process of a country. Widespread protection causes the transfer of technology to be not easy despite the lack of protection because patent owners suffer losses. The two differences in intention resulted in the need for comparative studies on patent protection coverage in countries. There are two problems that must be explored, first what are the differences and similarities in the scope of patent protection in state regulations and the second how does the legal system affect different events? This problem will use the research method of a comprehensive statute approach and comparative approach, case approach, and conceptual approach. The results of the study found patent protection in European countries, the United States, Japan, and Indonesia have similarities in protection requirements that regulate new things, inventive steps, and industrial application. However, protection in the United States was initially to create temporary bases of other countries based on the first file. Then the scope of patent protection there was that Germany had implemented the widest protection, then the United States, and Japan, then the Netherlands. It means that the UK is a limited protection state. Differences in patent protection are influenced by the common law legal system which refers more to precedents than to civil law with its codification. Germany is the only country that applies rigid codification to patent protection. This means that Indonesia has limited patent protection coverage related to the limited cases resolved in court

scholarly journals The Form of The Presidential System in Indonesia: A Comparative Study of Several Countries

2021 ◽  
Vol 10 (2) ◽  
pp. 277
Author(s):  
Putu Gede Arya Sumerta Yasa
Keyword(s):  
United States ◽  
South Korea ◽  
The United States ◽  
The Philippines ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
United States South ◽  
State Institutions ◽  
Presidential System ◽  
Excess Power

The purpose of this research is to determine how the form of the presidential system adopted by Indonesia and to compare the presidential system in Indonesia with several countries such as the United States, South Korea and the Philippines. The research method used in this study is a normative legal research which used statute approach, conceptual approach, and comparative approach to examine the vacuum of norm regarding the presidential system in Indonesia. The results show that Indonesia adheres to non pure presidential system, namely a quasi-presidential system which is indicated by the horizontal relationship between state institutions. In the implementation of the presidential government system, every country has different characteristics so that it undergoes modifications depending on the situation and conditions of the country that adheres to it. When Indonesian presidential system compared with the United States, South Korea and the Philippines, it will show the special characteristics and weaknesses of each country. The indicators used in comparing presidential systems in several countries are the form of the presidential system, special characteristics, and weaknesses which in general are excess power in the executive.

scholarly journals The ‘Psychic Space’ of Queensland in the Work of Janette Turner Hospital

2004 ◽  
Vol 11 (2) ◽  
pp. 11-23 ◽  
Author(s):  
Sue Lovell
Keyword(s):  
United States ◽  
Adult Children ◽  
The United States ◽  
European Countries ◽  
Family Ties

In January 1967 Janette Turner Hospital left Queensland for Boston. She was unpublished. 25 years of age, and very much the product of a loving but fundamentalist childhood that she understood as the ‘source of all comfort and security, but also the source of all harm’. She has called America. India. Canada and France ‘home’ and has also frequently taught in other European countries. Although she has two adult children who have made their lives in the United States and Canada, her parents and three younger brothers remain in Brisbane, so she returns regularly to sustain family ties.

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