scholarly journals Prinsip Ekstrateritorial Dalam Penegakan Hukum Persaingan Usaha

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Asti Rachma Amalya

Economic globalization has led to trade liberalization, many countries embracing a free market where trade and investment are carried out across national borders. As a consequence the boundaries between countries have disappeared, trade and investment restrictions have also declined and the potential for unfair business competition has increased. For this reason, each country seeks to provide protection for its citizens in its territorial territory and bring about conflicts between jurisdictions. The regulations governing the prohibition of monopolistic practices and unfair business competition do not explicitly regulate the application of extraterritorial principles in Indonesia, but KPPU has handled several cases involving foreign business actors and imposed sanctions on business actors who are not domiciled in Indonesia and against acts committed outside of Indonesia. One of the KPPU's decisions stated the Temasek Holdings business group and its subsidiaries had been proven guilty of violating the provisions of Article 27 of the Law on the Prohibition of Monopolistic Practices and Unfair Business Competition and that the KPPU had imposed sanctions. This paper will discuss the application of extraterritorial principles in the context of business competition in Indonesia and see considerations in the relevant KPPU decisions. It will also examine legal obstacles and challenges in the execution of executions because of regulations that have not explicitly governed the application of extraterritorial principles.

2021 ◽  
pp. 1-33
Author(s):  
Nils-Christian Bormann ◽  
Yannick I. Pengl ◽  
Lars-Erik Cederman ◽  
Nils B. Weidmann

Abstract Recent research has shown that inequality between ethnic groups is strongly driven by politics, where powerful groups and elites channel the state's resources toward their constituencies. Most of the existing literature assumes that these politically induced inequalities are static and rarely change over time. We challenge this claim and argue that economic globalization and domestic institutions interact in shaping inequality between groups. In weakly institutionalized states, gains from trade primarily accrue to political insiders and their co-ethnics. By contrast, politically excluded groups gain ground where a capable and meritocratic state apparatus governs trade liberalization. Using nighttime luminosity data from 1992 to 2012 and a global sample of ethnic groups, we show that the gap between politically marginalized groups and their included counterparts has narrowed over time while economic globalization progressed at a steady pace. Our quantitative analysis and four qualitative case narratives show, however, that increasing trade openness is associated with economic gains accruing to excluded groups in only institutionally strong states, as predicted by our theoretical argument. In contrast, the economic gap between ethnopolitical insiders and outsiders remains constant or even widens in weakly institutionalized countries.


2021 ◽  
Author(s):  
Simon Deuring

Data shifts the balance of power in the economy dramatically. However, digitisation also offers a multitude of opportunities: the development of new business areas, cost reductions and personalised offers. The increasing speed of technological development forces the legal system to tread on thin ice. Is the key in a regulated or free market? The book shows risks and opportunities of both options, as well as the strengths and weaknesses in European and national law. By using the latest case studies and entering new areas of the law, the book explores the question of how the Industry 4.0 should be designed.


2020 ◽  
Vol 80 (315) ◽  
pp. 59
Author(s):  
Verónica Cerezo García ◽  
Heri Oscar Landa Díaz

<p>El objetivo de este trabajo es analizar el efecto de la liberalización comercial sobre la productividad, la distribución del ingreso y el crecimiento económico, además de examinar la capacidad de absorción que este proceso ha concedido a los países ante choques externos, como el Covid-19. Empíricamente, tomamos pie en la taxonomía de crecimiento y desigualdad de Fajnzylber (1990) y en un modelo panel para evaluar esta relación en Asia, América Latina y Europa durante el periodo 1990-2019. Los principales resultados muestran: 1) co-movimiento entre crecimiento y equidad en Asia, mientras que en América Latina hay rezagos significativos, y 2) la productividad y la competitividad no precio constituyen el factor dinamizante en Asia y Europa.</p><p align="center"><strong> </strong></p><p align="center">ECONOMIC GROWTH AND INEQUALITY IN ASIA, EUROPE, AND LATIN AMERICA, 1990-2019</p><p align="center"><strong>ABSTRACT</strong></p><p>The paper’s aim is to analyse the effect of trade liberalization on productivity, income distribution and economic growth. The ability of a free-market oriented economy to fence off an exogenous shock such as the Covid-19 pandemic is also dealt with. Following Fajnzylber’s (1990) taxonomy of growth and inequality, we assess the relationship between trade liberalisation, growth and income distribution for a sample set of Asian, Latin American, and European countries over the period 1990-2019. Our main empirical results show that there exist: 1) a co-movement between growth and equality in Asia, but significant lags in both respects prevail in Latin America; 2) productivity and non-price competitiveness are the dynamizing factors in both Asia and Europe</p>


2020 ◽  
Vol 23 (10) ◽  
pp. 36-46
Author(s):  
Borys Sulym

The main directions of development of Ukrainian-Polish trade relations are considered in the article. The positive and negative effects of cross-border cooperation in trade and investment are substantiated, as well as a number of recommendations for building mutually beneficial relations on the basis of national interests.The purpose of this article is to assess the Ukrainian-Polish trade and economic relations in modern conditions in order to form scientifically sound recommendations for the development of mutually beneficial cross-border cooperation, taking into account national interests.Research methods. Methods of scientific analysis are used in the critical assessment of the concept of free market and free trade; comparison in the study of the dynamics of Ukrainian-Polish trade relations; graphical method for displaying and comparing trade in goods and services and investment between Poland and Ukraine; method of generalization in the development of proposals to improve the efficiency of cross-border trade and investment between countries, taking into account national characteristics and interests.Results. An assessment of Ukrainian-Polish trade and economic relations over the past ten years is given. It is proved that Ukrainian-Polish relations in the field of trade in goods do not have significant benefits for the Ukrainian economy, as their balance is negative during the period under study. Emphasis is placed on mutual exits in the field of trade in services, where the Polish side actively uses Ukrainian enterprises to order services for processing material resources through cheap labor, which stimulates the inflow of funds into Ukrainian business, job creation and more. There is a significant predominance of Polish investment in the national economy over Ukrainian investment in the Polish economy, due to the higher development of the Polish economy and interest in building branches and subsidiaries of Polish enterprises.A number of measures have been proposed to increase the economic complexity of the domestic economy in order to increase technological exports to Poland and equalize the trade balance between the countries; the directions of development of trade in services (in particular medical services in the conditions of COVID-19), as well as measures to increase the volume of Polish investment are substantiated.


Author(s):  
Josephine McDonagh

Bleak House is a novel saturated with figures of unsettlement, in which characters uprooted by their social conditions operate within a plot animated by unsettlement, in an affective world dominated by feelings of pity and sympathy for those who have been displaced. Thresholds recur in the novel as privileged sites of heightened emotion. The novel’s preoccupation with unsettlement is best understood in the context of mid-century bourgeois aspirations to reimagine the nation as a place in which all citizens might enjoy freedom of movement. In framing this vision, Dickens draws on two contemporary discourses, one drawn from emigration, especially Caroline Chisholm’s popular ‘family emigration’ schemes; the other from public discussions about the law of settlement in the context of the New Poor Law. The latter were attempts to regulate where the poor could live, in the context of the bureaucratic reorganization of national geography that occurred at this time. Throughout, however, the novel displays profound ambivalence about Britain’s engagement with the wider world, expressed most clearly through its antagonism to overseas philanthropy, which it sees as a misdirection of national feeling. The novel’s vision of the nation, underpinned by its commitment to mobility and an ideology of freedom of movement within, but not beyond, the nation, produces its particular formal features and thematic emphases on mobility and movement, and its preoccupation with thresholds—doorsteps, entrances, and finally national borders—as places at which political decisions about inclusion and exclusion are made.


Author(s):  
Ronald Labonté ◽  
Arne Ruckert

One of the major drivers of contemporary global market integration is trade and investment liberalization. Disease risks and health opportunities have long travelled the same routes of trade and commerce. Today’s binding and complex trade rules introduce new health complications. Using a number of recent trade agreements as exemplars, this chapter reviews the basic premises of liberalization, its claimed benefits, its purported or actual health risks, and how different provisions in trade and investment treaties (which unlike most global governance rules carry economic enforcement measures) are constraining important public health policy flexibilities in countries that are party to such agreements. From initial opposition to trade liberalization in general, progressive global health movements now focus more on how such rules could be written or revised in order to protect governments’ regulatory policy space, and to promote greater global health equity.


2009 ◽  
Vol 30 (1) ◽  
pp. 89-122
Author(s):  
Verna Dinah Q. Viajar

This essay examines the implications of economic globalization on the labor markets in the Philippines and Indonesia. Today’s economic globalization characterized by liberalization of the market, privatization of state-owned enterprises, and minimal government intervention in the economy, results in job losses, retrenchments and irregular employment and rising wage differentials among workers. Both countries follow liberal economic policies that have constrained the state’s response in terms of labor market policies to mitigate the negative impact of economic globalization. Free market proponents consider as labor rigidities the state’s policy interventions in the labor market and the participation of trade unions. Labor flexibility and the free interplay of labor supply and demand are the ones valued in the liberalized labor market. Though constrained and weakened to address the economic restructuring brought about by globalization, the labor movements in the Philippines and Indonesia continue to find ways to develop new unionisms and strategies to organize themselves as social movements.


2019 ◽  
Vol 4 (8) ◽  
pp. 90-95
Author(s):  
Emir Eteria

Globalization and its impact on developing and transition economies are among most debated issues in social sciences. Globalization is multidimensional, multipart and multispeed phenomena affecting all countries and nations in the world. However, economic dimension of globalization could be considered as foundation as well as determinant of development of other forms of globalization, including political and social globalization. It is obvious, that economic globalization intensifies cooperation as well as competition on regional and global level and therefore, enhances economic and political interdependence among countries. There are many conflicting approaches towards globalization. However, a leading form of globalization still is neoliberal globalization, while other perspectives are opposing ideas to neoliberal globalization. A fundamental idea of neoliberal economic globalization is socalled “small government” and openness for trade and investment, which has been considered as a necessary precondition for economic development of any nation in the world since 1980s. Noteworthy, that major negative aspects of neoliberal globalization, underlined by “skeptics” are negative effects of neoliberal globalization on trade and investment performance of developing and transition economies. Conducted analysis of trade and investment performance of developing and transition economies demonstrates their growing involvement in globalizing world economy. Ac- cording to data of the United Nations Conference on Trade and Development (UNCTAD), during 1990-2018, exports an- nual average growth rates of developing and transition countries were 9,5% and 8,8% respectively, while exports annual average growth rate of developed countries was 5,7%. More - over, in 1990-2018, imports annual average growth rates of developing and transition countries were 9,3% and 7,7% respectively, while imports average growth rate of developed countries was 5, 9%. It is clear, that besides trade, Foreign Direct Investment is the major indicator to evaluate countries/ country groups’ involvement in globalization. Noteworthy, that between 1990 and 2000 average share of developing countries in world Foreign Direct Investments (inward) was 29,3%, in 2001-2010 was 34, 4%, while in 2011-2018 aver- age share was 44, 2%. In 2018, developing countries share in inward world Foreign Direct Investments was 54, 4%, while developed countries share was 42, 9%. It is clear, that countries/country groups’ involvement in the international capital movement and in globalization processes in general, depends not only on inward Foreign Direct Investments, but also on outward FDIs. In 1990-2000, average share of developing countries in outward FDIs was 10,4%, in 2001-2010 was 14,1%, while in 2011-2018 average share of developing countries in outward world FDIs significantly increased and reached 30,1%. The data underlines an intensification of trade relations of transition and developing countries as well as their increased openness for Foreign Direct Investments and rising share in outward world FDIs. As a result, during 1990-2018, developing and transition countries involvement in globalizing world economy significantly increased via increased trade relations and growing participation in movement of Foreign Direct Invest- ments. Consequently, despite some setbacks, economic globalization remains as the leading characteristic of the world economic development and process of deglobalization is not evident.


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