scholarly journals Public Injury and the Public Interest: Secondary Meaning in the Law of Unfair Competition

1962 ◽  
Vol 110 (7) ◽  
pp. 935 ◽  
Author(s):  
Richard H. Stern ◽  
Joel E. Hoffman
2019 ◽  
Vol 4 (1) ◽  
pp. 19-30
Author(s):  
Desi Apriani

The business world is something that cannot be separated from business competition. There are business actors who compete in a fair competition  and there are also business actors who compete in a unfair competition. This is where the importance of the presence of business competition law in a country. In Indonesia, business competition law is contained in Law Number 5 of 1999 which prohibits monopolistic practices and unfair business competition. In relation to consumer protection, Law Number 5 Year 1999 has the aim of protecting the public interest and seeking public welfare. The prohibitions in the law indirectly have a protected effect on consumer interests. Need consistency in enforcement of business competition law so that the goal of protecting consumers can be achieved optimally.


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1833
Author(s):  
Rihantoro Bayu Aji

 AbstractActually the existence of foreign investment in Indonesia is not new phenomenon, due to foreign investment exist since colonialism era.The existence of foreign investment is still continuing to Soeharto era until reformation era. Spirit of foreign investment in colonialism era, Soharto era, and reformation era are different. Foreign investment in colonialsm era just explore of nation asset and ignore of nation welfare, and this matter is different from the character of foreign investment in Soeharto era also reformation era. Eventhough the involvement of foreign investor have any benefits to the host country, but on the other hand foreign investment have business oriented only whether the investment is secure and may result of profit. Refer to The Law Number 25 Year of 2007 Concerning Investment (hereinafter called UUPM) can not be separated from various interest that become of politic background of the law, even the law tend to liberalism of investment. Liberalism in the investment sector particularly of foreign investment basically exist far from issuing of UUPM, and the spirit of liberalism also stipulate in several rules among others The Law Number 5 Year of 1999 Concerning Prohibitation of Anti Trust and Unfair Competition, The Law Number 22 Year of 2001 Concerning Oil and Gas, The Law Number 7 Year of 2004 Concerning Water Resource, and also The Law Number 30 Year of 2009 Concerning Electricity.   Many rules as mentioned above has liberalism character and also indicator opposite wit the right to manage of the state to nation asset that relate to public interest as stipulated in the Indonesia Constitution. Actually the issuing of UUPM in case of implementation of article 33 Indonesia Constitution (UUD NRI 1945). Due to opportunity by Government to foreign investment as stipulate by article 12 UUPM and also the existence of many rules as well as The Law Number 5 Year of 1999 Concerning Prohibitation of Anti Trust and Unfair Competition, The Law Number 22 Year of 2001 Concerning Oil and Gas, The Law Number 7 Year of 2004 Concerning Water Resource, and also The Law Number 30 Year of 2009 Concerning Electricity, so the foreign investment that relate to public service is more exist in Indonesia. The existence is reflected many foreign companies. Free of foreign investment relate to public service is opposite with spirit of article 33 Indonesia Constitution. Keywords: Foreign Investment, Right of  State, Article 33 Indonesia Consitution AbstrakEksistensi penanaman modal asing (investasi asing) di Indonesia sebenarnya bukan merupakan fenomena baru di Indonesia, mengingat modal asing telah hadir di Indonesia sejak zaman kolonial dahulu.   Eksistensi penanaman modal asing terus berlanjut pada era orde baru sampai dengan era reformasi. Tentunya semangat penanaman modal asing pada saat era kolonial, era orde baru, dan era reformasi adalah berbeda. Penanaman modal asing pada saat era kolonial memiliki karakter eksploitatif atas aset bangsa dan mengabaikan kesejahteraan rakyat, hal ini tentunya berbeda dengan karakter penanaman modal asing pada era orde baru, dan era reformasi. Sekalipun kehadiran investor membawa manfaat bagi negara penerima modal, di sisi lain investor yang hendak menanamkan modalnya juga tidak lepas dari orientasi bisnis (oriented business), apakah modal yang diinvestasikan aman dan bisa menghasilkan keuntungan. Melihat eksistensi Undang–Undang Nomor 25 Tahun 2007 tentang Penanaman Modal (UUPM) tidak dapat dilepaskan dari beragam kepentingan yang mendasari untuk diterbitkannya undang–undang tersebut, bahkan terdapat kecenderungan semangat dari UUPM lebih cenderung kepada liberalisasi investasi. Liberalisasi pada sektor investasi khususnya investasi asing pada dasarnya eksis jauh sebelum lahirnya UUPM ternyata juga tampak secara tersirat dalam beberapa peraturan perundang–undangan di Indonesia. Perundang–undangan tersebut antara lain Undang–Undang Nomor 5 Tahun 1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat, Undang–Undang Nomor 22 Tahun 2001 tentang Minyak Dan Gas Bumi, Undang–Undang Nomor 7 Tahun 2004 tentang Sumber Daya Air, dan Undang–Undang Nomor 30 Tahun 2009 tentang Ketenagalistrikan.Banyaknya peraturan perundang–undangan yang berkarakter liberal sebagaimana diuraikan di atas mengindikasikan bahwa hak menguasai negara atas aset bangsa yang berkaitan dengan hajat hidup orang banyak sebagaimana diamahkan oleh Undang–Undang Dasar 1945 (Konstitusi) mulai “dikebiri” dengan adanya undang–undang yang tidak selaras semangatnya. Padahal, UUPM diterbitkan dalam kerangka mengimplementasikan amanat Pasal 33 Undang–Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI 1945). Dengan adanya peluang yang diberikan oleh pemerintah kepada investor asing sebagaimana yang diatur dalam Pasal 12 UUPM ditambah lagi dengan adanya Undang–Undang Nomor 5 Tahun 1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat, Undang–Undang Nomor 22 Tahun 2001 tentang Minyak Dan Gas Bumi, Undang–Undang Nomor 7 Tahun 2004 tentang Sumber Daya Air, dan Undang–Undang Nomor 30 Tahun 2009 tentang Ketenagalistrikan, maka investasi asing yang berhubungan dengan cabang– cabang yang menguasai hajat hidup orang banyak semakin eksis di Indonesia. Terbukanya investasi asing atas cabang–cabang produksi yang menguasai hajat hidup orang banyak tentunya hal ini bertentangan dengan konsep hak menguasai negara sebagaimana diatur dalam Pasal 33 UUD NRI 1945. Kata Kunci: Investasi Asing, Hak Menguasai Negara, Pasal 33 UUD NRI Tahun          1945


2015 ◽  
Vol 54 (4) ◽  
pp. 926-946 ◽  
Author(s):  
Helen MacDonald

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.


2021 ◽  
Vol 11 (4) ◽  
pp. 112-138
Author(s):  
D.A. FEDYAEV

In the Russian Federation, as in a number of other economically developed countries, there are legal restrictions on the admission of foreign investors to participate in commercial corporate organizations of strategic importance for national defence and state security. Failure by foreign investors to comply with this mechanism leads to the nullity of transactions and, as a consequence, to legal disputes, the subject of which are mainly restitution claims. There have been numerous problems and academic debates in recent court practice regarding the reasons and the possibility of satisfying such claims. In particular, in view of the changed circumstances after the conclusion of the contested transaction, the real public interest is not always visible pursued by the claim for application of consequences of its invalidity. The author proposes that in the course of judicial proceedings in such cases, when the defendant raises the relevant reasoned objections, not only to state the fact of violation of the law by a foreign investor, but also to reveal the public interest defended by the foreign investor. The author proposes that, in such cases, the defendant’s arguments should not be limited to stating that the foreign investor has breached the law. If one is not established, a claim may be dismissed under certain conditions, taking into account established doctrinal approaches to the understanding of the right of action.


2018 ◽  
Vol 1 (1) ◽  
pp. 1859
Author(s):  
Yoki Kurniawan ◽  
Hanafi Tanawijaya

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).


2021 ◽  
pp. 125-194
Author(s):  
Eva Micheler

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.


2019 ◽  
pp. 154-177
Author(s):  
Sijbren Cnossen

Chapter 11 discusses the EU legacy of taxing public bodies, illustrated by the African experience. The EU’s out-of-scope approach is bedevilled by distortions arising from the self-supply bias, the investment disincentive, and, somewhat more remotely, unfair competition vis-à-vis the private sector. Outside Africa, countries with VAT have addressed these issues differently. Various EU countries and Canada, for example, have designed input tax refund mechanisms to eliminate the self-supply bias and the investment disincentive. Still other countries, such as New Zealand, tax governments and activities in the public interest in full and have thus come to terms with the unfair competition issue, too. A concluding section summarizes the characteristics and effects of the various approaches and attempts to formulate a recommendation for African countries.


2005 ◽  
Vol 1 (1) ◽  
pp. 23-26 ◽  
Author(s):  
Charles Warlow

Recent laws, and their interpretation, have made clinical research more difficult to do, and sometimes impossible. Furthermore the results of that research which can be done may even be unreliable. This is certainly against the public interest, and indeed the individual patient interest as well. But ethics committees have to abide by the law and so even though it is surely unethical to work against the public and individual interest that is exactly what ethics committees now have to endorse. The unintended consequences of the new regulations must be reduced by amending the law.


2020 ◽  
Vol 3 (XX) ◽  
pp. 223-233
Author(s):  
Przemysław Niemczuk

The article aims to explore the concept of territorial autonomy. The research assumption is that public interest is one of the fundamental determinants of territorial autonomy. Territorial autonomy has not been defined by law. It is a general and relative term, and thus difficult to define (if such an enterprise is possible at all). However, one thing is certain - the idea behind this term determines the law regulating the organizational and territorial form of the state, i.e. the distribution of power between the centre and the territory. Further attempts to specify territorial autonomy are met with serious difficulties. Therefore, it is crucial to look at it through the prism of public interest. The term public interest has a relative meaning, because it depends on the constantly changing social conditions. This variability is, among others, a result of the territorial context. The national interest and the territorial interest will be defined in different ways. It seems, therefore, that in order to explicate the notion territorial autonomy, one should refer to the concept of public interest and then take into account the relationship between the interest of a territory and the interest of the whole state. This will make it possible to outline territorial autonomy through the prism of its determinant – the public interest.


2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Markus Suryoutomo

<p>Legal findings by judges in interpreting the meaning of the text of the Act can function to realize and provide protection for the community of justice seekers, National legislation and its conclusions in the form of court decisions are reported to be open to various studies and deconstructive criticism that carried out through various social movements that care about the law, so that national law can function as one of the forces to mobilize the lives of new Indonesian people who are able to act responsively for the public interest. From this definition the obligation of the Judge to uphold justice comes from its authority, namely the Judicial Discretion policy. In the event that the judge grants Maternity compensation to the Law Breaking Lawsuits, insofar as it has fulfilled the Elements of Article 1365 of the Civil Code, which brings the legal consequences the judge can grant Immaterial compensation based on found</p>


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