Karya Ilmiah

DISERTASI (302) - Konvergensi Hukum dan Ekonomi Dalam Pengaturan Kartel

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The research is titled “the Convergence of Law and Economics in Regulating
Cartel,” it is a form of doctrinal juridical research. The state of the art of the
research is the phenomenon of antitrust law, in casu cartel, that introduces and
receives economics paradigm in inquiring and developing its concepts and
theories. According to that phenomenon, there are debates in the schools of
thought of jurisprudence which is agree and disagree concerning to the doctrine of
the autonomy of law contrary to that phenomenon. Therefore, the main issues of
the research are the ontology of cartel; and the convergence of law and economics
in regulating cartel. The type of the research is normative legal research using
statute approach; conceptual approach; and case approach. Finally, the research
concludes: The statute of the Republic of Indonesia Law Number 5 Year 1999
formulating cartel in narrow sense; Thus, the research provide a new definition or
a re-definition of cartel for consideration. Consequently, the meaning of cartel
becomes as “an anti-competitive agreement between competitors whose supply
goods and services in the same relevant market”; Therefore, as a consequence of
the re-definition, the conducts are quilified as cartel covers: oligopoly agreement,
price fixing agreement, predatory pricing agreement, boycott agreement, market
division agreement, cartel relate to Law Number 5 Year 1999 perspective, market
power agreement, and bid-riggings or collusive tenders; The ontology of cartel is
an agreement and a form of planned or command economy or economic
collectivism; The provisions concerning contract or agreement by the perspective
of the Burgerlijk Wetboek (BW) could not be applied to enforce antitrust law,
cartel in particular; law and economics are converging in the inquiring and
developing concepts and theories of antitrust law in casu cartel; the convergence
of law and economics could be justified by law and economics school, critical
legal studies school, law as an autopoietic system school, but could not be
justified by legal formalism and neo-traditionalism.
Keywords: Convergence and Cartel

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Ketersediaan

031217017310

302

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

302

Penerbit

Surabaya : Fakultas Hukum Unair., 2019

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERSAINGAN USAHA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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