scholarly journals Regulation of the “too-big-to-fail” entities in the Republic of Croatia

2018 ◽  
Vol 69 (3) ◽  
pp. 298-321
Author(s):  
Ivan Rubinić ◽  
Dejan Bodul
Keyword(s):  
Government Regulation ◽  
Free Market ◽  
Theory And Practice ◽  
Complex Case ◽  
Bankruptcy Law ◽  
Too Big To Fail ◽  
Economic Stability ◽  
Role Of The State ◽  
The Republic ◽  
The Government

The contemporary stand among scientists is that the role of the state, within mixed market economies, should be reduced to the task of ensuring the institutional framework in order to protect the free market. However, occurrences of the “too-big-to-fail” entities constitute a challenge for the government regarding its ability to manage economic affairs in the traditional manner. Given that the nature of these entities makes them relevant on the verge of their own collapse, the authors focused on the legal and economic aftermath of their failures. The authors undertook extensive research into this topic with the primary goal of arguing that government regulation, in the cases of collapsing “too-big-to-fail” entities, is necessary for achieving stability of the system. After researching of the government’s role both in theory and practice, the authors displayed the findings of the analysis of the legal possibilities within the bankruptcy law of the Republic of Croatia. The historical and practical context of the research is the implementation of the legislation in the complex case of Agrokor Group. Ultimately, the authors argue that the magnitude of the collapsing “too-big-to-fail” company requires government intervention in order to preserve economic stability in the region, in addition to maximizing social welfare.

scholarly journals Passing Off yang Dilakukan Oleh Pihak yang Beritikad Tidak Baik Melalui Pemakaian Nama Perseroan Terbatas

2020 ◽  
Vol 23 (02) ◽  
pp. 100-118
Author(s):  
Kimham Pentakosta ◽  
Elly Hernawati
Keyword(s):  
Government Regulation ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Bad Faith ◽  
Passing Off ◽  
Directorate General ◽  
Trademark Registration ◽  
The Republic ◽  
The Government ◽  
Legal Administration

This paper focuses on the similarity of functions between Trademarks and Limited Liability Company Name, namely quality assurance function, which enables both to provide a guarantee on the reputation of goods and/or services offered to the consumer. Such similarity of functions between those two different legal terminology opens a loophole for any party, based on bad faith, to conduct passing off towards a registered trademarks owned by another party through the use of a limited liability company name. This paper shows the urgency of a harmonization and integration between the mechanism of applying for Trademark registration and the submission of the name of a limited liability company in Indonesia. Therefore, this paper will examine and criticize the laws and regulations relating to the two terminology above, inter alia the Law Number 20 of 2016 regarding Trademarks and Geographical Indications and the Government Regulation Number 43 of 2011 regarding Procedures for Filing and Use of Limited Liability Company Name. This paper concludes that the government of the Republic of Indonesia must immediately amend the regulation on the requirements for submitting the name of a limited liability company, by requiring the Directorate General of General Legal Administration to reject the name of a limited liability company that uses a name that has been registered as a brand by another party.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals PENGARUH KOMPETENSI SUMBER DAYA MANUSIA DAN TEKNOLOGI INFORMASI TERHADAP PENERAPAN AKUNTANSI BERBASIS AKRUAL PADA PENGELOLAAN BARANG MILIK NEGARA

2017 ◽  
Vol 1 (2) ◽  
pp. 141-149
Author(s):  
Intan Puspitarini ◽  
Amrie Firmansyah ◽  
Dian Handayani
Keyword(s):  
Information Technology ◽  
Human Resources ◽  
Government Regulation ◽  
Accrual Accounting ◽  
Accounting Standard ◽  
Financial Reports ◽  
Government Accounting ◽  
Specific Object ◽  
The Republic ◽  
The Government

This research is aimed to examine the association of human resources’ competencies and information technology on the implementation of government accrual based accounting on the state assets management. As mandated by Government Regulation No. 71 of 2010 concerning Government Accounting Standard, the Government of the Republic  of  Indonesia  should  prepare  its  financial  reports  based  on  accrual  accounting  by  2015.  This  study examines the practice of implementation of accrual  accounting in the management and administration of state asset. The examination conducted in this study is different from previous studies which gave more highlight on the preparation and the implementation of accrual accounting in general, while this stud y gives more focus on one specific object in accrual accounting, that is state assets.  This study conducts survey by using questionnaires which are then distributed to units in line ministries and government that responsible in managing state assets. 250  questionnaires  were  distributed  to  16  line  ministries  and  3  government  institutions,  234  of  those  were successfully returned. From the questionnaires returned, 188 are considered valid.  The result ot the study shows that the competence of human resources is associated with the application of accrual accounting on government assets. While, the information technology has different result, it is not associated with the application of accrual accounting on government assets. Keywords: accrual accounting, government assets

scholarly journals PERLINDUNGAN HUKUM KONSUMEN PENGGUNA PRODUK MASKER SHISEIDO YANG MENGGUNAKAN BAHASA ASING (STUDI TERHADAP KEMASAN SHISEIDO DALAM BAHASA JEPANG DI WILAYAH TANGERANG)

2019 ◽  
Vol 1 (2) ◽  
pp. 929
Author(s):  
Rini Yarti ◽  
A.M Tri Anggraini
Keyword(s):  
Foreign Language ◽  
Legal Protection ◽  
Cosmetic Products ◽  
Product Packaging ◽  
Trade Regulation ◽  
Traditional Markets ◽  
Role Of The State ◽  
The Republic ◽  
The Government

An imported product to be traded into the territory of Indonesia must include an Indonesian language label in accordance with established regulations, the regulation is regulated in Article 2 paragraph (1) of the Minister of Trade Regulation of the Republic of Indonesia Number 73 / M-DAG / PER / 9/2015 concerning Label Inclusion In Indonesian in Goods. Every product introduced to consumers must be accompanied by correct information. This information is needed so that consumers do not have a wrong picture of the product. This information can be submitted in various ways, one of which is by including an Indonesian translation label on the foreign language label listed on the product packaging. Information on product packaging labels is very necessary for the community so that each individual can correctly determine the choice before buying and consuming the product. In fact there are still many producers who are not responsible for selling cosmetic products that do not meet the requirements. Cosmetic products that do not meet these requirements can be found easily in malls, in traditional markets, or through the internet. The role of the state in this case the government is needed to protect consumers from the circulation of products that do not meet the requirements. So legal protection for consumers is needed to increase awareness of the rights as consumers.

scholarly journals PENGGUNAAN KATA TABU DI MEDIA SOSIAL: KAJIAN LINGUISTIK FORENSIK

2019 ◽  
Vol 20 (2) ◽  
pp. 120
Author(s):  
Nadhifa Indana Zulfa Rahman
Keyword(s):  
Social Media ◽  
Government Regulation ◽  
Criminal Code ◽  
Media Communication ◽  
Taboo Words ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Active Communication ◽  
Equivalent Method

The freedom in social media communication have not been responded wisely by the citizen of the net (netizen). Sometimes while expressing themselves in the social media, netizens used the taboo words which potentially break the law. The problems chosen in this research is a type of taboo words used by the netizen and also whether these expressed words have a potential to violate the law. The method to collect the data is “Simak bebas libat cakap“(SBLC), it is a method where there is no active communication between interviewer and interviewee but it is only taken the data from internet, then to transcribe the taken data. The following step is analyzing data which used referential equivalent method, then the results of the analysis were presented informally. The findings showed that taboo words used in social media consisted of: (1) obscene words, (2) vulgar language, and (3) nick name and insult. These taboo words potentially violate the government regulation of the Republic Indonesia number 11 of 2008 concerning electronic information and transactions article 27 paragraph (3) and article 45 paragraph (1) as well as article 310 section (1) and article 311 section (1) of the Indonesian Criminal Code concerning defamation. Therefore, netizens must be careful in the way how communicate. Criminal Code, defamation, forensic linguistics, ITE Law, netizen, social media, taboo 

The Supreme Court's ‘Return’ to Economic Regulation

1986 ◽  
Vol 1 ◽  
pp. 91-141 ◽  
Author(s):  
Martin Shapiro
Keyword(s):  
Government Regulation ◽  
Due Process ◽  
Private Property ◽  
Free Market ◽  
Fourteenth Amendment ◽  
Turn Of The Century ◽  
Economic Regulation ◽  
The Supreme Court ◽  
The Government ◽  
Substantive Reason

There is a standard historical lore of the Supreme Court's role in the economy and it runs as follows. The due process clause, like the rest of the Fourteenth Amendment, was enacted after the Civil War to help blacks. The Supreme Court proceeded to empty the amendment of its protections for minorities and then, from the turn of the century on, used the due process clause to protect business from government regulation. It did so (1) by interpreting the word person in the amendment to include the corporation and (2) by finding that the clause not only for-bade the government from interfering with private property unless it followed fair procedures, but also forbade the government to do so unless it had a good, substantive reason. Substantive due process meant that no statute regulating property was constitutional unless it was reasonable, and the Court was the final arbiter of reasonableness. The Court's approach to reasonableness was that free market laissez-faire was the rule, and government regulation the exception.

scholarly journals GAMBARAN PENDIDIKAN LANJUT USIA KOMPLEK PERUMAHAN CENDANA KELURAHAN ANDALAS KECAMATAN PADANG TIMUR DALAM MEWUJUDKAN KESEJAHTERAAN SOSIAL

2021 ◽  
Vol 2 (2) ◽  
pp. 67-74
Author(s):  
Murlis Murlis
Keyword(s):  
Social Welfare ◽  
Government Regulation ◽  
Active Role ◽  
The Elderly ◽  
Cultural Value ◽  
Social Functions ◽  
Value System ◽  
The Social ◽  
The Republic ◽  
The Government

The social welfare of the elderly is an action as an effort to fulfill the needs of the community, especially the elderly who are unable to carry out their social functions, namely by providing assistance and sponsorship services. Thus, it is hoped that the elderly can improve their welfare so that they can live properly. According to Government Regulation Number 43 of 2004, what is meant by efforts to improve the social welfare of the elderly is a series of activities carried out in a coordinated manner between the government and the community to empower the elderly so that the elderly can continue to carry out their social functions and play an active role naturally in the life of the community, nation and state. Law of the Republic of Indonesia Number 13 of 1998 concerning the Welfare of the Elderly states that efforts to improve the social welfare of the elderly are carried out on the basis of faith and devotion to God Almighty. Efforts to improve social welfare are aimed at extending the life expectancy and productive period, creating independence and welfare, maintaining the cultural value system and kinship of the Indonesian nation, and getting closer to God Almighty.

scholarly journals Efficiency of the construction market and need for government regulation

2017 ◽  
Vol 19 (1) ◽  
pp. 37-49
Author(s):  
Aneta Marichova
Keyword(s):  
Government Regulation ◽  
State Intervention ◽  
Theory And Practice ◽  
Regulatory Function ◽  
Construction Market ◽  
Oligopolistic Markets ◽  
Long Time ◽  
The Government ◽  
And Control

Abstract For a long time in economic theory and practice, regulation is only linked to the need for state intervention in monopolistic markets, by developing uniform, simple regulatory rules to limit and control the monopoly power, the monopoly price, mergers and acquisitions between companies in the same industry and others. In recent years the prevailing opinion that government regulation is particularly necessary in oligopolistic markets where there are several leading, dominant companies that can influence the price, quantity and quality of the product offered. However, this regulatory policy should not apply to common rules and taking into account the specifics of the market/industry, market structure (concentration level) of the various market segments and the relevant economic activity. The aim of the study: 1) Evaluation of the efficiency of the construction market, 2) Demonstrate the need for government intervention, 3) Guidelines for the implementation of the regulatory function of the government.

scholarly journals Foreign investment in Indonesia The Legal Aspects under the New Indonesian Investment Law

2017 ◽  
Vol 8 (2) ◽  
pp. 01
Author(s):  
Petra Bunawan
Keyword(s):  
Economic Growth ◽  
International Law ◽  
Capital Investment ◽  
Government Regulation ◽  
Legal Aspects ◽  
Economic Stability ◽  
The People ◽  
Investment Law ◽  
The Law ◽  
The Government

Indonesia plays an important role in the ASEAN region as well as in the global community, therefore investment policy become one of the major concern to government. To meet and accomodate the business enviroment both domestic and overseas that need capital investment, thus to develop the economic growth and build a suistainable economic stability in the region as well as for the people of Indonesia, it is  neccessary to stipulate the inevestment law that provide all the need . Therefore the government has replaced the old law with the new  Investment Law, the law No 25 of 2007.  The Law provides the basic principle of legal certainty, non discrimination and  same treatment for investors both domestic and overseas. The principles of opennes, accountability, togetherness and the concept of repatriation support the friendly investment atmosphere in Indonesia. As well as the supportive fasilities and easy procedure for investors to invest and build business in Indonesia. One of important issues regarding to Investment law is to increase the direct investment, instead of indirect investment that its contribution has a difference impact to the real sectors and economic growth.The question is the law and supportive law accomodatively provides the need of investment enviroment, knowing the economic growth has been influenced by the era of globalization and in fact Indonesia has signed and ratified international agreement as well. This writing will give a slighty persfective according to Indonesian Investment law and other supportive law, both national and international . Keywords: Law, Investment, Government Regulation, Principles, international law

scholarly journals TANGGUNG JAWAB HUKUM PEMERINTAH DALAM PENYELENGGARAAN PENDIDIKAN NASIONAL

2016 ◽  
Author(s):  
Franciscus Xaverius Wartoyo ,
Keyword(s):  
High School ◽  
Education System ◽  
Government Regulation ◽  
Basic Education ◽  
Compulsory Education ◽  
National Education ◽  
Indonesian Government ◽  
The Republic ◽  
The Government ◽  
The Right

<p>Abstract<br />Government has the legal responsibilities in the implementation of national education system to carry out the mandate set out in Section 31 of the Constitution of the Republic of Indonesia 1945 related to the intellectual life of the nation. This is confirmed and applied by The Indonesian Government Regulation 47/2008 regarding compulsory education and Indonesian Government Regulations 48/2008 related to the funding education of elementary school (SD) to high school (SMP) free made by the government through the School Operational Assistance (BOS) to make the education system based on the national human values and justice according to Pancasila ad realize the human rights set out in the Constitution Indonesian 1945 Article28 c paragraph(1) and Article 28d paragraph (3) stated that every citizen has the right to obtain equal opportunities in government. The free primary education can not be realized in a fair and equitable for the presence of education autonomy, every area is not the same policies and management education in many schools that are not transparent even still many schools to collect funds for the reason given by the government budget for operational costs is not enough.In addition, the9-year basic education which should be free up to secondary education (high school) born by either the state of infrastructure, teachers’ salaries, electricity, telephone, computer, books, stationery without distinguishing between public and private schools.<br /><em>Keywords: national education, justice, humanity,Indonesian contitution 1945</em></p><p>Abstrak<br />Pemerintah memiliki tanggung jawab hukum dalam implementasi sistem pendidikan nasional sebagai amanah (mandat) dari Pasal 31 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 yakni hak mendapatkan pendidikan yang layak. Mandat tersebut diturunkan dalam Peraturan Pemerintah Nomor 47 Tahun 2008 tentang wajib belajar dan Peraturan Pemerintah Nomor 48/2008 tentang Pendanaan Pendidikan dari Sekolah Dasar ( SD ) hingga Sekolah Menengah ( SMP ) yang gratis ditanggung oleh pemerintah melalui Bantuan Operasional Sekolah ( BOS ) dalam rangka untuk menciptakan sistem pendidikan berdasarkan pada nilai-nilai kemanusiaan nasional dan keadilan dalam Pancasila, serta dalam rangka penegakan Hak Asasi Manusia berdasar Pasal 28C ayat (1) dan Pasal 28D ayat (3) dimana setiap warga negara memiliki kesempatan yang sama dalam pemerintahan. Pendidikan dasar gratis tidak dapat dicapai secara adil dan merata karena setiap daerah miliki kebijakan dan manajemen pendidikan yang berbeda, adanya ketidaktransparanan sekolah dalam mengelola dana, dan faktor alasan ketidakcukupan dana yang diberikan oleh pemerintah kepada sekolah. Pendidikan Dasar 9 (sembilan tahun) seharusnya gratis sampai pada Pendidikan Menengah Pertama (SMP) baik dalam hal infrastruktur pendidikan, honor guru, biaya listrik, telepon, pengadaan komputer, buku-buku tanpa ada pembedaan sekolah publik dan sekolah swasta.<br /><em>Kata kunci: Pendidikan Nasional, Keadilan, Kemanusiaan, UUD 1945</em></p>

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