scholarly journals Urgency of Licensing Restriction in Joint Venture Companies Related to TKDN

2019 ◽  
Vol 3 (1) ◽  
pp. 1-7
Author(s):  
Toebagus Galang Windi Pratama

Most companies that market their products in Indonesia in order to pass TKDN using the concept of Joint Venture agreements (PMA) often the parties working together are unbalanced in real terms the shares of foreign owners are greater than domestic shareholders. In such conditions the strong parties tend to impose their will on the weaker party. Therefore, according to the principle of freedom of contact in relation to the free market, in fully contracting is an affair of the parties, however legal protection and public interest are therefore required from government interference in the form of regulation or restrictions. The restrictions in regulating technology transfer from developed countries to developing countries aim to protect the interests of countries that divert technology because the inventor of the technology is considered to have made maximum efforts to find related technology but on the other hand the state is also obliged to protect and improve the welfare of its citizens from that, restrictions on patent licenses are needed so that the TKD is truly "real" and does not reduce the incoming FDI.Based on this, the authors formulated a number of issues namely: Why are restrictions on patent licenses needed and What are the legal consequences of limiting patent licenses . The results of the discussion show that the transfer of technology is needed for developing countries needed to advance their products in the era of globalization so that arrangements for it are needed so that in case of cooperation there is no inequality. And, the role of law in the policy of technology transfer to transform agrarian societies into industrialist societies. Here there is a dilemmatic situation on the one hand the acceleration of mastery of technology including the acceleration of development needs to be done by being open to the owners of capital and technology (which generally comes from developed countries), while on the other hand we still have to maintain national interests. Here is related to the authority of the state to regulate the process of technology transfer. In this global era, after the WTO agreement was reached, which was linked to 2 (two) technology transfer agendas, namely TRIMS and TRIPS. Foreign technology protection was very much needed in the context of foreign investment.

2020 ◽  
Vol 12 (1) ◽  
pp. 56
Author(s):  
Yutaka Kurihara

Since the early 1990s, inflation targeting (IT) has been conducted in many countries and the number of the countries has been increasing rapidly. The outcomes of adopting IT has been discussed, however, the incentives of adopting IT is not fully examined. This study focuses on this issue empirically. The results are clearly divided into two types of countries. In developed countries, budget/GDP ratio, central bank credibility, exchange rate stability, and openness of the economy are deterministic elements of adopting IT, however interestingly, inflation itself does not play any roles of adopting IT. On the other hand, only inflation is the deterministic element of adopting IT in developing countries. Other elements, that are deterministic elements in developed countries, do not any effects on introducing IT. Moreover, countries would not like to limit the scope of policies when the economy’s openness is high.


2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Bakti Trisnawati

<p>Technology transfer in terms of business is an asset created through investment with high risk and large costs. On the other hand, mastering technology enables the owner to gain strength not only in the economic field, but also socially, as well as politically. Therefore, it is natural for technology owners to try to maintain the technology they have. However, due to dependence on technology, developing countries have to pay high prices for the purchase of these technologies. In addition, developing countries are also not able to exercise control of the industries built, and also will not succeed in develop“indigenous technological capability”.</p>


1975 ◽  
Vol 14 (1) ◽  
pp. 1-22
Author(s):  
A. R. Kemal ◽  
Zahira Alvie

In most of the developing economies, a rapid growth of G.N.P. invariably implies a larger import bill. Capital goods necessary for development have to be imported and a higher level of income in turn implies an increase in the import of consumption goods. On the other hand, demand for primary goods, which are main exports of developing countries, is inelastic. Moreover, the develop¬ing countries face serious problems in selling their manufactured products in the world market, partly due to their relatively inefficient industrial structure and partly due to the restrictive import policies of the developed countries. This results in a deficit in the balance of payments of many developing countries. To meet the deficit, import restrictions and export encouragement policies are followed instead of devaluation, which is resisted on both economic and non- economic grounds. This study has as its objective an analysis of the effects of the: devaluation of Pakistani rupee in May 1972, which changed the par value of Pakistan's rupee from Rs. 4.76 to Rs. 11.00 per U.S. dollar. Prior to the 1972 devaluation, imports were restricted through tariffs and quotas. In addition, certain pro¬ducts could be imported only under bonus and cash-cum-bonus lists. On the other hand, exports were encouraged through Export Bonus Scheme, Pay-As- You-Earn Scheme, and similar other incentives. These measures led to a multiple exchange rate regime. These measures may have had some beneficial effects in the short run but as Soligo and Stern [26] have shown over the long run, they led to a misallocation of resources. Pakistan devalued her currency in May 1972, as stated by the then Minister of Finance in his speech, to end the flow of foreign exchange abroad, stop over invoicing of imports and under invoicing of exports, correct the misallocation of resources, curb uneconomic import


2017 ◽  
Vol 1 (1) ◽  
pp. 90
Author(s):  
Dian Septiandani ◽  
Abd. Shomad

Zakat is one of principal worship requiring every individual (<em>mukallaf</em>) with considerable property to spend some of the wealth for zakat under several conditions applied within. On the other hand, tax is an obligation assigned to taxpayers and should be deposited into the state based on policies applied, with no direct return as reward, for financing the national general expense. In their development, both zakat and tax had quite attention from Islamic economic thought. Nevertheless, we, at first, wanted to identify the principles of zakat and tax at the time of Rasulullah SAW. Therefore, this study referred to normative research. The primary data was collected through library/document research and the secondary one was collected through literature review by inventorying and collecting textbooks and other documents related to the studied issue.


2021 ◽  
Vol 22 (14) ◽  
pp. 7582
Author(s):  
Evgenii Gusev ◽  
Alexey Sarapultsev ◽  
Desheng Hu ◽  
Valeriy Chereshnev

The COVID-19 pandemic examines not only the state of actual health care but also the state of fundamental medicine in various countries. Pro-inflammatory processes extend far beyond the classical concepts of inflammation. They manifest themselves in a variety of ways, beginning with extreme physiology, then allostasis at low-grade inflammation, and finally the shockogenic phenomenon of “inflammatory systemic microcirculation”. The pathogenetic core of critical situations, including COVID-19, is this phenomenon. Microcirculatory abnormalities, on the other hand, lie at the heart of a specific type of general pathological process known as systemic inflammation (SI). Systemic inflammatory response, cytokine release, cytokine storm, and thrombo-inflammatory syndrome are all terms that refer to different aspects of SI. As a result, the metabolic syndrome model does not adequately reflect the pathophysiology of persistent low-grade systemic inflammation (ChSLGI). Diseases associated with ChSLGI, on the other hand, are risk factors for a severe COVID-19 course. The review examines the role of hypoxia, metabolic dysfunction, scavenger receptors, and pattern-recognition receptors, as well as the processes of the hemophagocytic syndrome, in the systemic alteration and development of SI in COVID-19.


Early China ◽  
1995 ◽  
Vol 20 ◽  
pp. 241-277 ◽  
Author(s):  
Constance A. Cook

Bronze Inscriptions of the Western Zhou period show how ritualists were once dedicated to maintaining the ritual apparatus supporting the divine authority of the royal Zhou lineage. Bronze and bamboo texts of the Eastern Zhou period reveal, on the other hand, that ritualists able to manipulate local rulers reliant on their knowledge subsequently subverted power into their own hands. Ritualists such as scribes, cooks, and artisans were involved in the transmission of Zhou “power” through the creation and use of inscribed bronze vessels during feasts. The expansion and bureaucratization of their roles in the Chu state provided economic and ultimately political control of the state. This was particularly the case as the Chu, like the Zhou before them, fled east to escape western invaders.


2020 ◽  
Vol 42 (1) ◽  
Author(s):  
Tinashe Mawere

In the context of the hashtag movement #ThisFlag, this paper examines the sensual affects drawn from flag symbolism and why the Zimbabwean flag is policed by the state. It uses the symbolism and politics of the hashtag movements by focusing on Evan Mawarire’s national lament and the Zimbabwean flag. It employs a literary and discursive analysis of Mawarire’s lament using desktop research on the contestations surrounding the flag. It shows that in dominant nationalist discourses, the flag is imaged as the land/nation and feminised to warrant it utmost respect, protection, sanctity and re/productive capacity. On the other hand, the #ThisFlag has made use of the flag to resist and subvert grand and naturalised dominant discourses of nationalism and citizenship to foster new imagi/nations of the nation. The use of the flag by the movement provoked ZANU-PF’s ownership of the national flag, which is quite similar to and has been drawn from the flag of the party, hence the movement was challenging the identity of the party, its ownership and its relevance. The paper shows the fluidity of symbols and symbolic meanings and why #ThisFlag had symbolic radical power and the possibilities of using the state’s and ZANU-PF’s cultural tools to challenge ZANU-PF’s hold on national knowledge and power. It contributes to our understanding of both state-power retention and how subaltern voices can uncover the agency of subjects within the very instruments of control incessantly used by dominant regimes.


Author(s):  
Sumit Ganguly ◽  
William R. Thompson

This concluding chapter focuses on India's state-capacity problems and prospects. Its population may become the world's largest, its economy is becoming one of the world's largest, and its military power will probably move along at least a similar upward trajectory. Yet just about everything concerning India is characterized by developmental handicaps of one sort or another. Too many people are poor, infrastructure is lacking, and demands on the state for action to remedy these problems are multiplying. The Indian state, on the other hand, is characterized by a mixture of strengths and weaknesses. It scores high on its democratic attributes but much less so on its overall effectiveness. It has been and continues to be plagued by peripheral insurgencies and separatist movements. Moreover, its extraction capacity has improved but still has a long way to go, given the tasks the state needs to undertake.


2020 ◽  
Vol 3 (1) ◽  
pp. 65-74
Author(s):  
Mahaarum Kusuma Pertiwi

This paper finding is the existence of recurring unsettled negotiation between the Islamists and the Nationalists during three important constitutional works in Indonesia (the making of 1945 Constitution; the work of Konstituante to draft a new constitution in 1955-1959; and the constitutional amendment 1999-2002). Such fragile political consensus creates a legal gap in the Indonesian legal system: constitutional guarantee on religious liberty on one hand, and discriminative derivative laws and court decisions in relate to religious liberty on the other hand. This paper argues the legal gap happens because historically, discourse over religious liberty never settled during constitutional debates. It leads to ambiguous constitutional articles on religious liberty such as the seemingly contradicting Article 28 I (1) on absolute rights and Article 28 J (2) on the limitation of rights. The ambiguous constitutional articles give no solid basis for protecting religious liberty, especially for minority, although explicitly Article 29 (2) of the Constitution stating, ‘The State guarantees freedom of every inhabitant to embrace his/ her respective religion and to worship according to his/ her religion and faith as such’. This paper will explain the unsettled negotiations during the making of Pancasila and the Jakarta Charter in 1945; the debate within Konstituante’s work in 1959; and the debate during constitutional amendment in 1999-2002.


2020 ◽  
Vol 22 (1) ◽  
pp. 54
Author(s):  
Andry Indrady

This paper discusses the implementation of free visa policy in Indonesia from a neorealist perspective. By utilizing the perspective of interdependence sovereignty and domestic sovereignty, this paper critically assesses the implementation of the free visa policy in Indonesia. From the interdependence sovereignty perspective, which elaborates the economic benefits, reciprocal and security approaches the paper finds that the free visa policy in Indonesia has yet to formulate a rational and objective policy that would lead to potential security – order threat. On the other hand, from the domestic sovereignty perspective the paper finds that although the state performs its immigration control capabilities effectively, however the said immigration control measures are implemented at a rather repressive level, instead of at the ideal prevention level. In the end, the paper suggests further research that fills the gap from findings on the specific methods to enhance the state’s capability in managing challenges posed by the free visa policy in more detail, as well as providing a method to measure public perception on the performance of immigration control.


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