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Mahmuctarom, Mahmuctarom
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Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of the Interests of Fair Competition in the Business Sector: Analysis of Anti-Trust and Cartel Violations Inawati, Inawati; Rahmadi, Meiliyan; Mahmuctarom, Mahmuctarom
Research Horizon Vol. 4 No. 3 (2024): Research Horizon - June 2024
Publisher : LifeSciFi

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Abstract

Antitrust and cartel violations in the business sector reveal various fundamental problems that need to be addressed to realize healthier business competition, with a focus on low legal awareness among business actors, obstacles in law enforcement, challenges in regulatory oversight, and lack of regulatory effectiveness. This research aims to identify factors that hinder the effective implementation of antitrust and cartel laws in the business sector in Indonesia. This research uses a qualitative approach by conducting in-depth interviews with various related parties, including business actors, regulators, and legal experts. Data analysis was carried out using thematic techniques to identify patterns and main themes that emerged from the interviews. The research results show that low legal awareness among business actors is one of the main factors that exacerbate the problem of antitrust violations and cartels. In addition, law enforcement is hampered by limited human and financial resources, as well as regulatory oversight that is not yet effective in the regions, also making it difficult to achieve the goal of optimal legal protection. The implications of this research suggest the need to increase legal education, reform law enforcement, adapt more flexible regulations, and strengthen the supervisory system as strategic steps to increase compliance with business competition law to increase healthy business competition in Indonesia.
Criminal Regulation Against Counterfeiting of Goods and Trademarks in the Industrial Sector Mahmuctarom, Mahmuctarom; Irawan, Dimas Hendro; Pratama, Ilham Bayu Aji
Research Horizon Vol. 4 No. 5 (2024): Research Horizon - October 2024
Publisher : LifeSciFi

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Counterfeiting of goods and trademarks has become a serious threat affecting various industrial sectors around the world. In Indonesia, criminal law regulation related to counterfeiting of goods and trademarks has been adequate with relatively severe sanctions, but its effectiveness is moderate due to weak human resources, limited technology, and lack of coordination between law enforcement agencies. This research aims to examine the criminal regulation of trademark counterfeiting in the context of criminal law, with a focus on cases of product counterfeiting. The research method used is a qualitative method through a literature study to interpret various aspects related to the complexity of legal regulations, challenges in law enforcement, social and economic impacts, and prevention efforts made. The results show that diverse legal regulations at the national and international levels affect the effectiveness of law enforcement against trademark counterfeiting. Prevention efforts such as the development of new detection technologies and increased public awareness show positive steps in addressing this issue. This makes it necessary to harmonize legal regulations, strengthen human resources and technology, improve coordination between agencies, and increase public education so as to strengthen the protection of intellectual property rights in society.
Co-Authors Inawati Inawati, Inawati Irawan, Dimas Hendro Pratama, Ilham Bayu Aji Rahmadi, Meiliyan