Concepts and Signs of Risk in Entrepreneurship

The article is devoted to the study of the concept and features of risks in entrepreneurship. The points of view of scientists concerning the concept of risks are analyzed, two main concepts of risk are outlined: classical and neoclassical. The focus is on several risk concepts in the context of the doctrine of objective liability for damages: integral risk theory, theory of spheres, risk-benefit theory. The article systemizes the existing approaches to the essence and content of such a phenomenon as a risk in entrepreneurship: (1) risk is interpreted as uncertainty, indeterminacy, attribute of decision-making in a situation of uncertainty; (2) the risk is defined as the probability of deviation of the actual result from the expected; (3) the risk arises as an activity; (4) the risk is treated as the threat (danger) of deviation of the results of specific decisions or actions from the expected; (5) risk is interpreted as a system (complex) of individual components and elements (integrated approach). Different points of view of researchers concerning the signs of entrepreneurial risks are considered, author's signs of risk in entrepreneurship are singled out. Two ways of further development of the economic legislation in the part of legal support of freedom of entrepreneurship, as well as risk inherent in it, business risk management, etc. are proposed.

Land conversion to the poor people in the perspective of utilitarianism theory by bentham

The politics of Indonesia’s national land law is based on the principle of fulfilling the constitutional rights of every citizen of the land. The land according to Indonesian positive law is used for the general welfare of Indonesian People. In 2001, with the issuance of MPR RI Decree No.IX / MPR-RI / 2001 concerning Agrarian Reform and Natural Resource Management is the momentum of the agrarian reform program. Agrarian reform is implemented gradually by allocating land for the poor. The problem is: the distribution of the land is not right on target, the existence of a land mafia, bribery of the National Land Agency and the annexation of community land by the investor. Karo Regency became one of the areas which received land allocation from conversion forest.This research method is empirical legal research. This research uses primary data. This research use legal benefit theory (utilitarian) by Jeremy Bentham. Based on legal benefit theory, that agrarian reform by giving land conversion to the poor is an alternative effort of government to give decent living and fulfillment of constitutional rights of Indonesian citizen and eradicate poverty.

Rights, Duties and Conditioning Welfare

Somewhere between welfare to work policy and the jurisprudential analysis of rights and duties lies the third way motto of ‘no rights without responsibilities’. This paper shows how this proclamation offers no less than a new construction of one’s rights insofar as theydependon the obligations that he or she owes society. Investigating this new formulation through the established perspectives of the Interest (or Benefit) Theory and the Choice (or Will) theory sheds light on the jurisprudential background of this move, and its possible consequences. The paper then moves to describe the concrete impact that this theoretical reconstruction has on provisions embedded in welfare to work programs, and suggests that this may serve a pilot for a more comprehensive, and thus problematic, social policy. In the final section of the paper, the doctrine of ’unconstitutional conditions’ is revisited and improved in a way that, if accepted, may bar governments from diluting rights of disadvantaged groups and endangering them into becoming ‘illusory’.