M U R N I, 090710389 D (2011) LARANGAN PRAKTIK MONOPOLI DALAM KERANGKA KESEJAHTERAAN RAKYAT. Disertasi thesis, UNIVERSITAS AIRLANGGA.
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Abstract
The title of this dissertation is “The Prohibition of Monopoly Practice in the Framework of People’s Welfare”. The point of departure of this dissertation is Article 33 of the 1945 Constitution, which is a constitutional basis for creating the people’s welfare. This dissertation addresses two legal issues (1) the philosophical basis of the prohibition of monopoly practice and (2) the ratio decidendi of Business Competition Supervisory Commission decisions. The objectives of this dissertation are to find out as well as formulate philosophical basis of the prohibition of monopoly practice and to find out the clear-cut ratio decidendi of the Business Competition Supervisory Commission in settling monopoly practice cases. The type of this research is a legal research. In this research, statute approach, case approach, and conceptual approach are employed. In addition, it is also supported by concepts in the realm of economics. From this research, two things are found. First, monopoly practice is proved as to harm people’s welfare and even more it may affect national economy. Second, the ratio decidendi of the Business Competition Supervisory Commission in settling monopoly practice cases is based upon the injured economic interests of people in the market so concerned.
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