Putu Sudarma Sumadi, -
(1999)
Pengaturan Hukum Persaingan Usaha di Indonesia.
Disertasi thesis, UNIVERSITAS AIRLANGGA.
Abstract
The purpose of this research is to contruct an argumentation about the urgency of the regulation of business competition in Indonesia. This research is expected as a theoretical and practical contributions for formatting legal draft and legal problem solving in connection with competition. The research of this dissertation is based on the views of the analytical school of jurisprudence.
The provisions under regulations, such as, the industrial act no. 5 of 1984, limited company act no. 1 of 1995. Small scale business act no. 9 of 1995 and various of business administration ordinances are partial and contradictive regulations, therefore they are insufficient as a business competition regulation. With regard to the circumastances, the formulation of sufficient, comprehensive, and consistent business competition regulation is necessary.
The business competition regulation in Indonesia should be developed to based on the market economy oriented what are article 33 of the 1945’s constitution also.
The principle of kekeluargaan with communal, harmonism characteristic and the government’s role as supervisor and facilitator directed the competition and is arranged in an act is accordance with peope sover-eignty principle and legal certainty.
The imperative-evaluative legal norm is a relevant type o f business sompetition aact. The typee consists of formulations concerning obligation, prohibitions, and permissions that conform with regulation gools. Based on this type, the regulation of business competition are formulation, arrangement, and application of legal norm to promote private entrepreneur, protect fair competition, and prevent anticompetitive pratices by the structure, conducts, and performance criterions.
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