scholarly journals The Implementation of Pre Merger Notification in The Draft Law on The Prohibition of Monopoly Practices and Unhealthy Business Competition in Indonesia

2021 ◽  
Vol 8 (1) ◽  
pp. 70-90
Author(s):  
Ratna Sumirat ◽  
Rianda Dirkareshza
Keyword(s):  
Regime Change ◽  
Industrial Revolution ◽  
Competition Law ◽  
Comparative Approach ◽  
Antitrust Law ◽  
Legal Certainty ◽  
Business Association ◽  
Preventive Effort ◽  
The Right

This paper examines the consequences of the Post Merger regime in Law No. 5/1999 concerning the Prohibition of Monopolistic Practices and Business Competition. This research uses the normative juridical method and comparative approach, comparing the American Antitrust Law which has successfully implemented the pre merger notification with the Indonesian Business Competition Law which implements the post merger notification. The results of this study indicate that the importance of implementing the Pre Merger Notification in the draft Law on the Prohibition of Monopolistic Practices and Unfair Business Competition is viewed in a comparison with the success of the Antitrust Law America and supported by the dynamics of globalization of the Industrial Revolution 4.0 which became a challenge for the Business Association Supervisory Commission. Thus, the regime change from Post Merger Notification to Pre Merger Notification is the right step in implementing a merger in Indonesia because Pre Merger Notification provides legal certainty and also more efficient for business actors and KPPU as a preventive effort with the aim that the implementation of Pre Merger Notification will be carried out optimally in achieving the goal of fair business competition

scholarly journals Digital economy and antitrust law: The unity and conflict of opposites

Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 486-521
Author(s):  
Alexey Yu. Ivanov ◽  
Keyword(s):  
Market Power ◽  
Industrial Revolution ◽  
Positive Impact ◽  
Competition Law ◽  
Digital Economy ◽  
Antitrust Law ◽  
Positive Role ◽  
Capitalist System ◽  
Brics Countries ◽  
The World

The digital economy has become a new milestone in human development, but along with the benefits of digitalization and globalization of the world economy it has brought an unprecedented increase in the concentration of market power in the hands of a small group of digital monopolies and a rapid increase in global inequality, which creates systemic imbalances in the development of society. According to a number of experts, a likely consequence of such imbalances in development may be long-term instability that already entails fundamental risks for the existence of the capitalist system. Antitrust law has already played a positive role in overcoming such challenges in the development of the capitalist system during the technological transformations of the late 19th century and the first half of the 20th century. It has allowed the USA and a number of other Western countries to go through the last great industrial revolution in a less painful way than those countries, including Russia, which experienced a dismantling of the capitalist system and were unable to withstand the pressures of accelerated development. This article analyzes the reasons that prevented antitrust law from playing a similar balancing role during the ongoing industrial revolution and proposes possible measures to improve mechanisms of antitrust regulation of the digital economy. Among the most promising avenues for creating effective checks and balances on the growing market power of global digital platforms are the emerging formats for antitrust cooperation within the framework of regional associations of developing countries, primarily on the BRICS platform. Cooperation between the BRICS countries in the sphere of competition law and policy may also become a serious factor for the formation of a global antitrust regime, which does not currently exist. Moreover, given the positioning of the BRICS countries in the world system, such cooperation allows for the creation of a global competition law that would promote a wider dissemination of knowledge and advanced technologies and help remove barriers to global innovation flows that are now set by global technological monopolies. Cooperation in this sphere would have a positive impact on reducing global inequalities.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

THE ROLE OF THE CIVIL SERVICE IN THE INDUSTRIALIZATION OF NIGERIA

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Chiemeka Onyema
Keyword(s):  
Public Service ◽  
Industrial Development ◽  
Industrial Revolution ◽  
National Development ◽  
Public Servants ◽  
Business Policy ◽  
Technological Base ◽  
Development Plans ◽  
Ease Of Doing Business ◽  
The Right

The goal of berthing Nigeria’s full-scale industrial revolution is yet to be achieved. All the industrial development plans have so far failed to accelerate the nation’s industrialization, hence the country’s low industrial base which has kept her in the league of developing nations. In fact, Nigeria has in recent times been experiencing deindustrialization, as several industries have collapsed and some others, such as Unilever and Michelin, have relocated to other countries. Several factors are responsible for Nigeria’s low industrial development and they include: inadequate infrastructure (particularly, energy), poor technological base, multiple taxes and levies, and, the shortage and high cost of foreign exchange. Despite a growing body of literature on industrialization in Nigeria, not much has been written about the link between Public Service Reforms and industrialization in Nigeria. This paper examines the links between the implementation of the Service Compact (SERVICOM) Charter and the achievement of Nigeria’s industrial development policies, especially the ‘Ease of Doing Business’ Policy. The paper makes the case that the goal of industrializing Nigeria will not be fully realised without an efficient Public Service. Furthermore, the paper highlights the need for Nigerian public servants to have the right work attitude, and to be morally upright and patriotic, in order to create a business-friendly environment and to build investor confidence, so as to facilitate and accelerate the country’s industrialization and overall national development. The author recommends that the Nigerian government should strengthen the implementation of the Servicom Charter and also incorporate the Charter into the industrialization plan.

Anti-System Politics

2020 ◽  
Author(s):  
Jonathan Hopkin
Keyword(s):  
Comparative Approach ◽  
The European Union ◽  
Political Systems ◽  
The United Kingdom ◽  
The Us ◽  
Long Term Result ◽  
The Rich ◽  
Dramatic Shift ◽  
To Come ◽  
The Right

Recent elections in the advanced Western democracies have undermined the basic foundations of political systems that had previously beaten back all challenges—from both the Left and the Right. The election of Donald Trump to the US presidency, only months after the United Kingdom voted to leave the European Union, signaled a dramatic shift in the politics of the rich democracies. This book traces the evolution of this shift and argues that it is a long-term result of abandoning the postwar model of egalitarian capitalism in the 1970s. That shift entailed weakening the democratic process in favor of an opaque, technocratic form of governance that allows voters little opportunity to influence policy. With the financial crisis of the late 2000s, these arrangements became unsustainable, as incumbent politicians were unable to provide solutions to economic hardship. Electorates demanded change, and it had to come from outside the system. Using a comparative approach, the text explains why different kinds of anti-system politics emerge in different countries and how political and economic factors impact the degree of electoral instability that emerges. Finally, it discusses the implications of these changes, arguing that the only way for mainstream political forces to survive is for them to embrace a more activist role for government in protecting societies from economic turbulence.

Industry-Sponsored Medical Education — In the Quest for Professional Integrity and Legal Certainty

2007 ◽  
Vol 14 (4) ◽  
pp. 313-319
Author(s):  
Benedikt Buchner
Keyword(s):  
Medical Education ◽  
Self Regulation ◽  
State Regulation ◽  
General Question ◽  
Legal Certainty ◽  
European Directive ◽  
Starting Point ◽  
Good Starting Point ◽  
Advertising Law ◽  
The Right

AbstractIndustry-sponsored medical education is a much disputed issue. So far, there has been no regulatory framework which provides clear and definite rules as to whether and under what circumstances the sponsorship of medical education is acceptable. State regulation does not exist, or confines itself to a very general principle. Professional regulation, even though applied frequently, is rather vague and indefinite, raising the general question as to whether self-regulation is the right approach at all. Certainly, self-regulation by industry cannot and should not replace other regulatory approaches. Ultimately, advertising law in general and the European Directive 2001/83/EC specifically, might be a good starting point in providing legal certainty and ensuring the independence of medical education. Swiss advertising law illustrates how the principles of the European Directive could be implemented clearly and unambiguously.

Legal views of E. Olesnytsky

2020 ◽  
pp. 39-48
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Legal Protection ◽  
Legal Culture ◽  
Political Activity ◽  
Practical Significance ◽  
Comparative Approach ◽  
Public Interests ◽  
Cooperative Movement ◽  
Special Scientific ◽  
General Scientific ◽  
The Right

Purpose. The purpose of the study is to analyze the legal and state views of E. Olesnytsky, in particular his assessment of imperial law, as well as practical activities as a lawyer and one of the initiators of the cooperative movement in Galicia in the early twentieth century. Methods. The methodological basis of the study was a set of general scientific, special scientific and philosophical methods, as well as the principles of historicism. The key was the biographical method and the comparative approach, which allowed to reveal the peculiarities of the formation of legal views of E. Olesnytsky. Findings. It is established that through the prism of the analysis of political and legal views of E. Olesnytsky it is possible not only to trace the level of legal culture, social and political activity of the population of Galicia, but also to determine the practical content of imperial legislation. The influence of I. Franko and socialist ideas in general on the legal views of E. Olesnytsky, who was one of the founders of the «Сhasopys Рravnycha», actively analyzed the imperial regional legislation for expediency, rationality and compliance with public interests. This work was key in raising the level of legal culture of the population, and after 1891 it was supplemented by the legal activity of E. Olesnytsky. Among the regional legislation, the lawyer's special attention was drawn to the right of propination, which gave large landowners a monopoly on the production and sale of alcohol. After 1901, E. Olesnytsky focused on the development and popularization of the cooperative movement in Galicia, including the legal protection of producers and sellers of agricultural products. Originality. The directions of E. Olesnytsky's professional and professional interests in the field of economic and financial law of Austria-Hungary, advocacy and organization of the cooperative movement are determined. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.

John Stuart Mill‘s Liberal Reformism and the New Concept of Freedom, Property and Government

Diogenes ◽  
2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Nikolay Alexandrov ◽  
◽  
◽  
Keyword(s):  
Industrial Revolution ◽  
Modern Times ◽  
Classical Liberal ◽  
Individualism And Collectivism ◽  
Liberal Ideology ◽  
History Of ◽  
Economic Reality ◽  
Social Liberalism ◽  
The Right ◽  
The Masses

The article is devoted to a key moment in the history of British liberalism when, under the influence of the Industrial Revolution, the need arose for a revision of classical liberal teaching. On the border between classical and social liberalism stands the figure of the British philosopher and economist John Stuart Mill who attempted to update the basic tenets of liberal ideology. Taking into account the socio-economic reality of his time, he set out to revise the foundations of liberal ideology, rethinking in modern times the problems of freedom, property and governance by expanding their perimeter in favour of the masses. This article also details Stuart Mill’s concept of individualism and collectivism in the context of freedom and the right to self-determination.

Right to Promotion: Legal Certainty and Discretion of the Employer’s Representative

2021 ◽  
pp. 422-433
Author(s):  
M.V. Presnyakov
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Civil Servant ◽  
Equal Access ◽  
Legal Certainty ◽  
The Law ◽  
The Right ◽  
Exhaustive List

Public Civil Service Act to establish such a mechanism for the exercise of the right to growth. This law provides for a competitive procedure for the replacement of all posts, including in the order of post growth, and at the same time establishes the principle of forming a personnel reserve on a competitive basis. In addition, the law contains an exhaustive list of exceptions to the competitive procedure for the placement of posts, one of which is the appointment of a civil servant in the personnel reserve. This is justified, since the personnel reserve itself is formed on a competitive basis. However, the law provides for the possibility of enrolling a civil servant in the personnel reserve based on the results of certification, which, in our opinion, does not comply with the principle of legal certainty, does not fully realize the right of equal access to public service, and also does not ensure the filling of posts according to the principle of competence. However, the potential of this law is not fully realized, as it contains a number of uncertain provisions that overextend the discretion of the employer's representative.

The Right to Freedom of Thought in the European Convention of Human Rights

2021 ◽  
pp. 1-34
Author(s):  
Patrick O’Callaghan ◽  
Bethany Shiner
Keyword(s):  
Human Rights ◽  
Personal Development ◽  
Industrial Revolution ◽  
European Convention ◽  
Inner Life ◽  
Article 9 ◽  
The Face ◽  
Technological Developments ◽  
Freedom Of Thought ◽  
The Right

Abstract This paper examines the right to freedom of thought in the European Convention on Human Rights against the background of technological developments in neuroscience and algorithmic processes. Article 9 echr provides an absolute right to freedom of thought when the integrity of our inner life or forum internum is at stake. In all other cases, where thoughts have been manifested in some way in the forum externum, the right to freedom of thought is treated as a qualified right. While Article 9 echr is a core focus of this paper, we argue that freedom of thought is further supported by Articles 8, 10 and 11 echr. This complex of rights carves out breathing space for the individual’s personal development and therefore supports the enjoyment of freedom of thought in its fullest sense. Charged with ‘maintaining and promoting the ideals and values of a democratic society’ as well as ensuring that individual human rights are given ‘practical and effective protection’, this paper predicts that the ECtHR will make greater use of the right to freedom of thought in the face of the emerging challenges of the Fourth Industrial Revolution.

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