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All Journal Brawijaya Law Journal : Journal of Legal Studies Sriwijaya Law Review Jurnal Akta Hasanuddin Law Review Padjadjaran Journal of International Law Media Iuris Notaire Yuridika Hang Tuah Law Journal Indonesia Law Review (ILREV)
Iman Prihandono
Faculty Of Law, Universitas Airlangga
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

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Indonesia Merger Control Re-Evaluation : Twenty Years' Experience In Legal Limbo Setyawati, Ria; Iman Prihandono; Kagramanto, Lucianus Budi; Stefan Koos
Yuridika Vol. 39 No. 2 (2024): Volume 39 No 2 May 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i2.44330

Abstract

This paper not only discusses the issue of the approach used, the issue of ex-post and ex-ante merger control regulation usage, issues of conflict of norms, overlapping legal rules, and the existence of legal vacuum which complicates the enforcement of rules regarding merger control in Indonesia. The legal issues examined in this paper concern the characteristics of merger control based on the ratio decidendi of KPPU decisions during the 20 years of enforcing business competition law in Indonesia and the ius constituendum of the ex-ante and ex-post approach. This research is based on normative legal research using a statute approach, conceptual approach, case approach, and comparative approach method. These methods lead to the conclusion of the research, which is, that in the past 20 years, Indonesia has experienced a change in the ex-post merger control approach, resulting in partiality in the articles applied that are not entirely used in KPPU decisions. Furthermore, the idealized rules (ius constituendum) on the control of mergers in Indonesia, outlined in Law No. 5 of 1999, will be examined based on the principles and objectives of competition law enforcement in the country.
The Reform of Timor Leste’s Investment Law in The Concept of The Welfare State da Silva, Eugenia Brandao; Prihandono, Iman; Yuniarti, Yuniarti
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.50565

Abstract

Foreign direct investment (FDI) is one source of funding for national development. However, its application in Timor-Leste is currently still limited. FDI accounts for 45% of total domestic investment, while domestic investment (NDI) accounts for 55%. This shows that the country's main economic sector is still dominated by oil and gas. Legal and regulatory barriers are one of the main obstacles to attracting foreign investment, even though FDI has the potential to drive sustainable economic growth and improve people's welfare. However, reform is still needed in the Investment Law to emphasise that investment, including FDI, is not only about economic growth, but also a constitutional tool to achieve public welfare through job creation, strengthening public services, and protecting vulnerable groups. This research is normative in nature, analysing various laws and regulations applicable in Timor-Leste. Primary data was obtained from laws, regulations and government policies related to investment, while secondary data was sourced from books, journals and other relevant scientific literature. The findings show that investment barriers in Timor-Leste include a complicated bureaucratic licensing process, fragmented regulations, limited human resource capacity, inadequate infrastructure, and a small domestic market. Furthermore, foreign investment laws are not in line with the Timor-Leste Constitution in terms of achieving prosperity. These conditions have an impact on the investment climate and economic growth, which are not yet optimal in realising a welfare state. The results of the study emphasise the importance of integrated regulatory reform, such as simplifying licensing procedures, increasing legal certainty in investment, and adjusting national policies to Timor-Leste's international standards in the field of trade and investment.
Co-Authors Adhryansah Adhryansah Adhryansyah Cut Asmaul Husna Cut Asmaul Husna, Cut Asmaul Da Silva, Eugenia Brandao Dewanty R. K., Esty Hayu Dewi S. Yuniarti Esty Hayu Dewanti RK Fajri Hayu Religi Keely Boom Kusrini Purwijanti Lina Hastuti Lucianus Budi Kagramanto Mia Amiati Nadirsyah Hosen Setyawati, Ria Stefan Koos Taufik Rachman Yuniarti Yuniarti Yuniarti, Dewi Santoso