Aditya Wahyu Saputro
Fakultas Hukum Universitas Indonesia

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Potensi Praktik Monopoli dalam Merger Bank Syariah Indonesia: Tinjauan Hukum Ekonomi Islam dan Hukum Larangan Monopoli Nabilah Anika -; Nabila Indah Chairunnisa -; Aditya Wahyu Saputro
Jurnal Hukum Lex Generalis Vol 2 No 2 (2021): Tema Hukum Islam
Publisher : CV Rewang Rencang

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Abstract

As one of the efforts to develop the market share of the sharia economy in Indonesia, the government merged three state-owned sharia banks, namely BNI Syariah, BRI Syariah, and Mandiri Syariah to expand the Islamic banking market. However, the bank merger attempt was disputed by a number of parties because it potentially violated the prohibition of monopoly practices. To find out the potential violations of the monopoly ban, this paper will analyze the merger of three Sharia banks based on monopoly regulation in Indonesia and Islamic economic law against monopolies. The results of the study were written descriptively with qualitative approaches obtained by juridical-normative methods. Based on the discussion that refers to the obtained data, it is concluded that the merger phenomenon has the potential to lead to monopoly practices.
Pertanggungjawaban Pidana Korporasi oleh Pengurus dalam Kasus Karhutla Karena Unknown Cause: Perspektif Ekonomi dan Lingkungan Aditya Wahyu Saputro; Rayhan Andyara Milono; Shafira Anna Medina
Jurnal Hukum Lex Generalis Vol 2 No 12 (2021): Tema Hukum Korporasi
Publisher : CV Rewang Rencang

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Abstract

The punishment paradigm shift from retributive to restorative justice supports the principle of harmony and balance that emphasizes ecosystem conservation efforts for current and future generations. In the environmental sector, corporations are often involved in various environmental crimes such as forest and land fires. If forest and land fires causes are not known, it is necessary to construct criminal responsibility that is pro-environmental in form of mainstreaming damage recovery. This paper concludes that in the case of forest and land fires with an unknown cause, it is more appropriate to use corporate criminal mechanisms both from an economic and environmental point of view and the imposition of corporal punishment alone does not favor efforts to restore environmental damage.