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All Journal Jurnal Media Hukum Lex Scientia Law Review Journal of Law and Legal Reform
Haniff Ahamat, Haniff
International Islamic University Malaysia
Law, Crime, Criminology & Criminal Justice

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REGULATING FIRMS’ BEHAVIOR IN THE MARKET UNDER THE COMPETITION LAW: ISSUES AND CHALLENGES Abdul Rahman, Nasarudin; Ahamat, Haniff; Khan, Mushera Ambaras
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v20i2.274

Abstract

The objective of competition law is to protect the process of rivalry between firms in the market.  It prohibits any anti-competitive behaviors such as cartel and abuse of dominant position. However, in practice regulating firms’ behaviors in the market is not an easy task.  It requires both legal and economic analysis to determine whether a firm is occupying a dominant position and whether the conduct is abusive. This paper seeks to identify the important provisions of “anti-competitive agreements” and “abuse of dominant position” under the Malaysian Competition Act 2010. It is observed that competition law across the counties have been heavily influenced by the UK and EU competition law. Despite the similar concepts applied across the jurisdictions, in practice the implementation differs. This paper seeks to explore the benefits of adopting foreign concepts on competition law and how the rules will be implemented especially in response to the different political, economic and social environment. This paper will also include the approach taken by Indonesia with regard to implementation of foreign ideas on competition law to suit the local need.
Implementation of Domestic Market Obligations on Nickel and Bauxite in Indonesia Under International Trade Regime Adam, Bani; Ahamat, Haniff; Yahanan, Annalisa
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.63830

Abstract

Increasing global economic activity has resulted in raising demand on nickel and bauxite ores for manufacturing industries. Foremost demand on the raw materials is consistently increasing for production of friendly environment products, such as battery of electric vehicles (EV). The production of EV battery potentially increases particularly as global transformation to reduce GHG Emissions which cover developed and developing countries. This current situation leads export restrictions on nickel and bauxite to developed countries which purpose for domestic stockpile in developing countries, such as Indonesia. Meanwhile, the measures is supposed to violate Article XI.2(a) GATT 1994 which it is applied without temporary period and there is no essentialness circumstance to implement the restrictions. This emphasized on review opportunities for Indonesia to take into force alternative measures which is consistent with the GATT 1994 provisions. The research is conducted based on legal review with refer to GATT 1994 provisions and Indonesia legal provisions. Based on the review, the researchers find that implementation of Domestic Market Obligations are an exact alternative measure to safeguard domestic stockpile without extremely suffer disruption for global demand. The alternative measures grant balancing allocation between global and domestic demand which could be adjusted regularly according to the further situation faced by the country.
A Comparative Study of Electronic Commerce ODR: Legal Challenges and Reform Perspectives in China and Indonesia Xiangbin, Zuo; Dahlan, Nur Khalidah; Ahamat, Haniff
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.32326

Abstract

This article examines the differentiated development paths of Online Dispute Resolution (ODR) systems in China and Indonesia, two core digital economies in ASEAN. China has established a centralized ODR framework through its “E-commerce Law,” which strengthens the enforcement of awards via a judicial coordination model. However, the exclusion of ad hoc arbitration in the “Arbitration Law” limits the effectiveness of platform autonomous awards (internal platform rulings). In contrast, Indonesia relies on platform autonomy, with platforms such as Tokopedia handling disputes. However, enforcement issues for mediation agreements arise from the absence of central legislation, fragmentation of jurisdiction across islands, and the failure of the Arbitration Law to recognize temporary arbitration (ad hoc arbitration). Shared challenges faced by both countries include barriers to mutual recognition of cross-border rulings, lack of technical standards, and privacy protection conflicts due to data localization policies. This article provides several policy recommendations: China should amend the Arbitration Law to recognize the validity of temporary arbitration and establish a national ODR data center to streamline the judicial confirmation process. Indonesia needs to quickly set up a central judicial certification center to make sure that all of its outer islands follow the same rules. This can be done by changing the E-commerce Law and the Arbitration Law. At the regional level, ASEAN should learn from the EU’s ODR platform by creating a system that recognizes certain cross-border rulings and setting up a data exchange center that balances Indonesia’s data storage needs with Singapore’s rules for sharing data across borders. The results supplement to legal reform scholarship by offering practical solutions for integrating ODR systems and harmonizing cross-border dispute resolution across ASEAN, fostering a dynamic adaptation of technical justice to legal authority in the digital age.
Co-Authors Adam, Bani Annalisa Yahanan, Annalisa Dahlan, Nur Khalidah Mushera Ambaras Khan, Mushera Ambaras Nasarudin Abdul Rahman, Nasarudin Xiangbin, Zuo