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All Journal Jurnal Kesehatan (JK) INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS (IJEFE)
Dyah Ersita Yustanti
Senior Lecturer Faculty of Law Universitas 17 Agustus 1945 Jakarta
Dentistry Economics, Econometrics & Finance Health Professions Medicine & Pharmacology Nursing Public Health Veterinary

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SYNERGY BETWEEN PUBLIC AND PRIVATE LAW IN REALISING A HEALTHY BUSINESS CLIMATE: A STUDY ON THE IMPLEMENTATION OF THE PRINCIPLE OF BALANCE IN NATIONAL ECONOMIC LAW Gunawan Widjaja; Dyah Ersita Yustanti; Rio Johan Putra
INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS Vol. 2 No. 2 (2025): AUGUST
Publisher : CV. Adiba Aisha Amira

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Abstract

This study discusses the synergy between public and private law in creating a healthy business climate in Indonesia, with a focus on the implementation of the principle of balance in national economic law. The synergy between these two areas of law is key to creating an economic system that is fair, efficient, and responsive to the dynamics of the modern economy. The study employs a normative legal method with a legislative approach and literature review, analysing written legal norms as well as relevant doctrines and court rulings. The results of the study indicate that the implementation of the principle of balance is crucial for maintaining the proportion of rights and obligations of parties in economic legal relationships, whether in business agreements, commercial transactions, or macro-level regulations. However, its implementation still faces various challenges, such as unequal bargaining positions, low legal literacy, regulations that are not adaptive, and weak law enforcement. Proposed solutions include strengthening legal literacy, regulatory reform, enhanced oversight, and collaboration between the government, businesses, and the public. Thus, the synergy between public and private law and the implementation of the principle of balance are expected to create a healthy, fair, and sustainable business ecosystem in Indonesia.
BALANCE BETWEEN PUBLIC AND PRIVATE ASPECTS IN ECONOMIC LAW: AN ANALYSIS OF THE ROLE OF STATE REGULATION AND RELATIONS BETWEEN BUSINESS ACTORS IN INDONESIA Gunawan Widjaja; Dyah Ersita Yustanti; Rio Johan Putra
INTERNATIONAL JOURNAL OF FINANCIAL ECONOMICS Vol. 2 No. 2 (2025): AUGUST
Publisher : CV. Adiba Aisha Amira

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyse the balance between public and private aspects in economic law in Indonesia, with a focus on the role of state regulation and the dynamics of relationships between business actors. National economic law requires integration between the public interest represented by the state as regulator and the interests of individuals or business entities regulated through private contracts. Through a literature review approach, this study examines various laws and regulations, court decisions, and related scientific literature. The results of the study indicate that state regulation plays an important role in creating a healthy business climate, preventing monopolistic practices, and protecting the rights of consumers and small businesses. On the other hand, relationships between business actors are regulated within the framework of national economic law, which emphasises the principle of freedom of contract while still considering public interests. Synergy between state regulations, business actor compliance, and oversight by relevant institutions is key to creating a fair, inclusive, and sustainable business ecosystem in Indonesia.
Co-Authors Gunawan Widjaja Handojo Dhanudibroto Hotmaria Hertawaty Sijabat Rio Johan Putra Wagiman