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Journal : Journal of Multidisciplinary Academic

Monopoly Legal Aspects of Violations in Determining Flight Transportation Markus sihombing; Helvis Helvis
Journal of Multidisciplinary Academic Vol 5, No 3 (2021): Science, Engineering and Social Science Series (New Update: With DOI index)
Publisher : Penerbit Kemala Indonesia

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Abstract

This study aims to find out how the Regulation of competition law in determining of air fares in Indonesia using normative judicial research methods. From the result it can be concluded:1. Law of the Republic Indonesia Number 5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition. It enough to keep the business climate become conducive and away from of unfair business competition which can harm other parties. Thus, the state has carried out its function and responsibilities in accommodating the interests of its citizens. Furthermore, specifically regarding the flight itself. The government has also made regulations through the Law of the Republic of Indonesia Number 1 of 2009 concerning aviation.2. One of the government’s steps so that the implementation of law and regulation is carried out properly, the business competition supervisory commission. This content is the cancellation of the lower and upper limit of airfare and cargo by the national air carrier’s association (INACA in 2001). The cancelation of this tariff fixing makes aircraft fares more competitive, which in the end leads to a balance between the interests of entrepreneurs and businesses public.
The Relation between Concerning Work Creation with Licensing Organization by Local Governments (Law Number 11 of 2020) Elmy Indrya Sukmawati; Helvis Helvis
Journal of Multidisciplinary Academic Vol 5, No 4 (2021): Science, Engineering and Social Science Series
Publisher : Penerbit Kemala Indonesia

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Abstract

The condition of hyper regulation in Indonesia causes a lot of overlapping norms regulated in various laws and regulations. To overcome these problems, the idea to emerged this issue become several omnibus laws, including the Draft Law on Job Creation, which was promulgated as Law Number 11 of 2020 concerning Job Creation on November 2, 2020. Drafting of Law Number 11 of 2020 2020 concerning Job Creation with the omnibus law method raises several problems, including whether the use of the Omnibus Law technique in Law Number 11 of 2020 concerning Job Creation is in accordance with the technique of establishing laws and regulations as stipulated in Law Number 12 of 2011 concerning the Establishment Laws and regulations? Can the central government withdraw the authority of local governments in administering permits in the regions through Law Number 11 of 2020 concerning Job Creation The purpose of this study is to determine whether or not the use of the Omnibus Law technique in Law Number 11 of 2020 concerning Job Creation. It is contrary to the technique of establishing legislation in Law Number 12 of 2011 concerning the Establishment of Legislation. It also to find out whether or not the central government withdraws the authority of local governments in administering licensing in the regions through Law Number 11 of 2020 concerning Job Creation. The research method used in this study is normative juridical research, using a statutory approach and a conceptual approach. The conclusion of this study is that the omnibus law technique in the preparation of Law Number 11 of 2020 concerning Job Creation is contrary to the technique of drafting laws and regulations in Law Number 12 of 2011 concerning the Establishment of Legislation. Thus, in the future it is necessary to change the Act. -The law is to accommodate the method of law formation with the omnibus law method as a reference in the preparation of the draft law using the next omnibus method. The central government can withdraw the authority of local governments in administering permits that are sourced from the attribution authority in several laws, by making changes to the relevant laws that provide such authority.
Law Enforcement of Health Protocol In the Administration City of West Jakarta Region Apit Abdul Majid; Helvis Helvis
Journal of Multidisciplinary Academic Vol 5, No 2 (2021): Science, Engineering and Social Science Series
Publisher : Penerbit Kemala Indonesia

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Abstract

This study aims to determine the law enforcement of health protocols and also to determine the factors of implementation influence on health protocol law enforcement in the administrative city of West Jakarta. The formulation in this study such as: How to obtain enforcement of health protocol laws in the administrative city area of West Jakarta. Here, the several factors that influence the efforts to enforce the health protocol law in the administrative city of West Jakarta using empirical data. Here, the data was collected by using field research and literature study as well as interviews from correspondent with qualitative data. The results show the implementation of health protocol law enforcement in the administrative city of West Jakarta has a reference, namely based on statutory regulations both central government regulations and regional head regulations with other regulations on decisions issued by each agency. Based on Governor Decree No. 1023, the implementation of health protocol law enforcement affairs is carried out by public police (PP) with cooperation Indonesian National Army (TNI) and Indonesian National Police (POLRI). While the factors that influence the implementation of health protocol law enforcement where the supporting factor is the implementation of Governor Regulation No. 79/2020 concerning Increasing Discipline and Law Enforcement of Health Protocols as Efforts to Prevent and Control COVID-19 in DKI Jakarta Province as a legal basis for implementing sanctions. progressive in the form of regulatory support. Meanwhile, the factor of constraint is the factor of law enforcement due to the insufficient number of Satpol PP personnel of the West Jakarta administration city. The conclusion of this study is that law enforcement of health protocols as an effort to prevent and control COVID-19 by the West Jakarta administration city government is carried out in accordance with the duties and functions of the administrative city, which is to assist the Governor in carrying out general government affairs in his area. Whereas the suggestion from this research is that in the future the DKI Jakarta Provincial government should make policies in efforts to prevent and control COVID-19 in the form of Regional Regulations as a stronger legal basis, in order to bring better changes and provide legal certainty for the community and law enforcers. And in the future, in implementing law enforcement, it is necessary to build partnerships with related agencies through integrated coordination and increase preventive efforts by involving many stakeholders.
The Role of Health Equipment Directorate Supervision and Household Health Supplies Over Legal Importing Protection Adhijasya Satrio; Helvis Helvis
Journal of Multidisciplinary Academic Vol 5, No 2 (2021): Science, Engineering and Social Science Series
Publisher : Penerbit Kemala Indonesia

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Abstract

Fulfilling the need for medical devices in Indonesia does not come from domestic production. However, this device has purchased to another country (imports). The new era of globalization and free trade at ASEAN Economic Community has increased during the opportunity. Here, the development country needs to help for purchasing purpose of medical device products with the resulting of increasing number and types of imported medical devices circulating in Indonesia. Currently, the number of imported medical devices reaches 92% and the remaining 8% is domestic products (data from the health ministry's medical device info website). The importation of medical devices can only be carried out by business actors who already have a medical device distribution certificate / medical device distribution permit (permit to distribute medical devices) and medical device distribution permit (permit to distribute medical device products) issued by the Indonesian Ministry of Health. Thus, in this study aimed to analyse the process of importing medical devices if the business actor had exclusive rights of the product that has been registered with the Indonesian Ministry of Health or in this case, the owner of the distribution permit. The problem that often occurs is when the distribution permit owner is disadvantaged over the circulation of medical device products that should only be imported by the distribution permit owner, however in reality, the medical device products can be circulated by companies that are not exclusive rights holders. This research examines the legal protection carried out by the directorate of medical device supervision and medical supplies to the owner of a medical device distribution permit in dealing with imported medical devices not by the distribution permit owner.