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Intan Meitasari
Institut Informatika dan Bisnis Darmajaya

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Perizinan Berusaha dalam Perspektif Hukum Administrasi Negara dan Ekonomi Zulfikar Ali; Intan Meitasari; Yuniwati Yuniwati
Journal of Law and Economics Vol. 5 No. 1 (2026): MAY
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v5i1.426

Abstract

This study examines the role of State Administrative Law in promoting efficiency in the economic sector and social welfare through business licensing regulations. This issue is important because business licensing is not only an instrument of government control but also influences business actor behavior, transaction costs, legal certainty, and market competitiveness. The purpose of this study is to analyze government authority in terms of business licensing regulations and assess the extent of its influence on economic efficiency and public welfare. This study uses a normative juridical method with a statutory regulatory approach and a conceptual approach. Data were collected through a literature review of statutory regulations, state administrative law literature, and legal and economic studies. The analysis was conducted qualitatively by examining the relationship between administrative authority, licensing services, business actor compliance, and their impact on economic activity. The results of this study indicate that simple, transparent, and accountable business licensing can reduce bureaucratic barriers, increase compliance, and create certainty for business actors. Thus, State Administrative Law contributes significantly to building efficient, fair, and social welfare-oriented economic governance.  
Normative Approach to Law and Economics in Developing Countries: Challenges in Establishing Efficient and Just Market Regulations Intan Meitasari; Suratno Suratno; Yuniwati Yuniwati
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.373

Abstract

Market regulation in developing economies confronts a fundamental dilemma: how to achieve allocative efficiency without sacrificing distributive justice. Drawing on normative–empirical analysis of legal materials, policy frameworks, and comparative data from Indonesia, India, and Brazil, the research exposes persistent friction between growth-maximizing policies and principles of equity, legal certainty, and institutional legitimacy. Regulatory systems across these jurisdictions consistently favor efficiency metrics while sidelining distributional consequences—a pattern that widens socioeconomic gaps and weakens public confidence in state institutions. Countries with stronger legal infrastructures and mature normative traditions demonstrate greater capacity to embed justice considerations within economic governance. The study proposes a law–economics model where legal normativity operates not as ancillary to economic logic but as foundational to regulatory design, anchoring policy in fairness, predictability, and collective welfare. Theoretically, the work recasts law's dual role as both boundary and catalyst in economic systems. Practically, it outlines strategies for enhancing regulatory clarity, institutional responsibility, and policy credibility in developing settings—charting routes to prosperity that do not undermine social solidarity.