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SOLUSI POTRET PROBLEMATIKA MATERI MUATAN REGULASI DALAM PENANGANAN COVID-19DI INDONESIA Sabirin, Ahmad; Duta Adhiyaksa, Febrian; Shafira Widianti Apcar, Janna
UNES Law Review Vol. 4 No. 3 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v4i3.232

Abstract

The COVID-19 pandemic has had a tremendous impact, ranging from the economic crisis to public health, which is the government's focus in minimizing the impact of the Covid-19 pandemic. The type of research used in this research is juridical-normative. And the purpose of this research, namely; 1) describe the regulations issued by the Central and Regional Governments in dealing with the Covid-19 Pandemic, 2) and describe solutions to overcome regulatory problems issued by the Central and Regional Governments during the Covid-19 Pandemic. The government in issuing several regulations looks inconsistent, for example; the difference in the definition of PSBB as regulated in PP No. 21 of 2020 with that regulated in the Quarantine Law. Then, regarding the Instruction of the Minister of Home Affairs Number 15 of 2021 which is considered to have neglected the regulations above. Problems with existing regulations, the government needs to break the chain of spread of the Covid-19 pandemic with the product of regulations based on the Tiered Law Theory by Hans Nawiasky. This theory then when associated with problems in Indonesia can make Article 34 paragraph (3) of the 1945 Constitution and Law no. 6 concerning Health Quarantine is a reference for the government in formulating the rules under it, in matters relating to regulations during the Covid-19 pandemic so that it becomes a solution in overcoming the regulatory problems of handling the Covid-19 pandemic.
Barriers to Entry: Who Decides and Who Benefits? Anna Maria Tri Anggraini; Sabirin, Ahmad; Raafid Haidar Herfian
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.76984

Abstract

Prohibiting the entry of competitors (barriers to entry) into the relevant market is an activity forbidden by Law No. 5 of 1999. Dominant business actors do not solely instigate barriers to entry; regulations can also pose challenges for new entrants to compete in the relevant market. This research aims to identify the factors that create entry barriers imposed by business actors, leading to unhealthy business competition. The research approach uses qualitative-empirical methods, focusing on KPPU decisions, such as Number 15/KPPU-L/2018 and Number 14/KPPU-L/2015. The research findings and analysis reveal that barriers to entry may result from incumbent business actors' actions and/or regulations that facilitate the entry of new players. An example of a barrier to entry, as highlighted in KPPU decisions, involves the issuance of internal office memos that impose restrictions on the sale of competitors' products and impose high tariffs that increase competitors' production costs. A novelty in this study lies in the disclosure of power dynamics in decision-making and profit distribution among stakeholders that affect market accessibility. Then, the authors recommended that the KPPU provide clear guidelines on the term barriers to entry and that business actors develop compliance guidelines to prevent violations of Law No. 5 of 1999.