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All Journal JURNAL LITIGASI (e-Journal) JUSTITIA JURNAL HUKUM Law Development Journal Inicio Legis : Jurnal Hukum
Rhido Jusmadi
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : JUSTITIA JURNAL HUKUM

 1 
Structure, Conduct, Performance (SCP) Approach & Fairness Principle in Business Competition Law in The Era of Digital Platforms Jusmadi, Rhido; Aru Armando
JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.23074

Abstract

The emergence of digital platforms has led to disruptions that affect not only technological and economic aspects, but also legal aspects, particularly business competition law. The discourse surrounding the development of digital platforms within the context of business competition has been influenced by two major schools of thought: the Chicago School, which adopts an effeiciency approach (also known as the consumer welfare approach) , and the Harvard School, which employs the structure, conduct, and performance (SCP) approach. This article aims to scrutinize the shortcomings of the efficiency approach advocated by the Chicago School in addressing the issues related to business competition in the digital platform market. Additionally, it seeks to demonstrate how the principle of fairness, based on the competitive process approach and market strcture, can serve as a more comprehensive analytical tool for evaluating the health of competition in the market. The results show that the efficiency approach is inadequate in addressing concerns of fairness in the digital market. Responding to the context, global business competition authorities have begun to promote a fairness approach to bolster SCP approach which serves as a moral underpinning for upholding the principles of healthy business competition in the digital platform era. This article applied normative legal research methods with a conceptual approach for analysis.
LEGAL REPRESENTASIONAL SEBAGAI UPAYA MENINGKATKAN NILAI ASET EKSTRALEGAL PELAKU USAHA EKONOMI KREATIF SEKTOR PARIWISATA Jusmadi, Rhido; Sumriyah
JUSTITIA JURNAL HUKUM Vol 7 No 2 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i2.18828

Abstract

The presence of creative economy entrepreneurs in the tourism sector as one of the people's economic units has made a significant contribution to the economic development process in Indonesia, particularly in poverty eradication efforts. The simple assets traditionally owned by creative economy entrepreneurs in the tourism sector surprisingly hold considerable economic value potential. However, this significant potential is often overlooked due to its status as an extralegal asset, not recognized within the existing legal protection system. Consequently, the existing system does not acknowledge the legitimacy of these assets, rendering them lacking a strategic economic basis since they cannot be used as collateral to secure capital. Given this scenario, there is a need for an approach in the form of a legal representational model, serving as an alternative policy or regulation to transform the potential of extralegal assets owned by creative economy entrepreneurs in the tourism sector into productive capital. This transformation aims to add value to production capacity (capitalization of assets) and ensure protection within the prevailing formal legal system. The legal representational model can serve as a solution to enhance the potential of resources held by creative economy entrepreneurs in the tourism sector, contributing to the economic capacity of the region to achieve the well-being and prosperity of the local communities.
Structure, Conduct, Performance (SCP) Approach & Fairness Principle in Business Competition Law in The Era of Digital Platforms Jusmadi, Rhido; Aru Armando
JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v8i2.23074

Abstract

The emergence of digital platforms has led to disruptions that affect not only technological and economic aspects, but also legal aspects, particularly business competition law. The discourse surrounding the development of digital platforms within the context of business competition has been influenced by two major schools of thought: the Chicago School, which adopts an effeiciency approach (also known as the consumer welfare approach) , and the Harvard School, which employs the structure, conduct, and performance (SCP) approach. This article aims to scrutinize the shortcomings of the efficiency approach advocated by the Chicago School in addressing the issues related to business competition in the digital platform market. Additionally, it seeks to demonstrate how the principle of fairness, based on the competitive process approach and market strcture, can serve as a more comprehensive analytical tool for evaluating the health of competition in the market. The results show that the efficiency approach is inadequate in addressing concerns of fairness in the digital market. Responding to the context, global business competition authorities have begun to promote a fairness approach to bolster SCP approach which serves as a moral underpinning for upholding the principles of healthy business competition in the digital platform era. This article applied normative legal research methods with a conceptual approach for analysis.
LEGAL REPRESENTASIONAL SEBAGAI UPAYA MENINGKATKAN NILAI ASET EKSTRALEGAL PELAKU USAHA EKONOMI KREATIF SEKTOR PARIWISATA Jusmadi, Rhido; Sumriyah
JUSTITIA JURNAL HUKUM Vol 7 No 2 (2023): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i2.18828

Abstract

The presence of creative economy entrepreneurs in the tourism sector as one of the people's economic units has made a significant contribution to the economic development process in Indonesia, particularly in poverty eradication efforts. The simple assets traditionally owned by creative economy entrepreneurs in the tourism sector surprisingly hold considerable economic value potential. However, this significant potential is often overlooked due to its status as an extralegal asset, not recognized within the existing legal protection system. Consequently, the existing system does not acknowledge the legitimacy of these assets, rendering them lacking a strategic economic basis since they cannot be used as collateral to secure capital. Given this scenario, there is a need for an approach in the form of a legal representational model, serving as an alternative policy or regulation to transform the potential of extralegal assets owned by creative economy entrepreneurs in the tourism sector into productive capital. This transformation aims to add value to production capacity (capitalization of assets) and ensure protection within the prevailing formal legal system. The legal representational model can serve as a solution to enhance the potential of resources held by creative economy entrepreneurs in the tourism sector, contributing to the economic capacity of the region to achieve the well-being and prosperity of the local communities.
Co-Authors Aru Armando Badriyah, Yulis Lailatul Khofifah, Linda Uril Lenita, Milda Dwi Rusman Hadi, Rusman Siswanto - Sumriyah Sumriyah, Sumriyah